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IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


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CIHM/ICMH 

Microfiche 

Series. 


CIHM/ICIVIH 
Collection  de 
microfiches. 


Canadian  Institute  for  Historical  Microreproduct.ons  /  Institut  Canadian  de  microreproductions  historiques 


Technical  and  Bibliographic  Notes/Notes  techniques  et  bibliographiques 


The  Institute  has  attempted  to  obtain  the  best 
original  copy  available  for  filming.  Features  of  this 
copy  which  may  be  bibliographically  unique, 
which  may  alter  any  of  the  images  in  the 
reproduction,  or  which  may  significantly  change 
the  usual  method  of  filming,  are  checlced  below. 


D 


D 


D 
D 


D 


D 


Coloured  covers/ 
Couverture  de  couleur 


0    Covers  damaged/ 
Couverture  endon 

D 


endommagde 

Covers  restored  and/or  laminated/ 
Couverture  restaurde  et/ou  pellicul6e 

Cover  title  missing/ 

Le  titre  de  couverture  manque 


I      I    Coloured  maps/ 


Cartes  gdographiques  en  couleur 


Coloured  ink  (i.e.  other  than  blue  or  black)/ 
Encre  de  couleur  (i.e.  autre  que  bleue  ou  noire) 


I      I    Coloured  plates  and/or  illustrations/ 


Planches  et/ou  illustrations  en  couleur 

Bound  with  other  material/ 
Relid  avec  d'autres  documents 

Tight  binding  may  cause  shadows  or  distortion 
along  interior  margin/ 

Lareliure  serr6e  peut  causer  de  I'ombre  ou  de  la 
distortion  le  long  de  la  marge  intdrieure 

Blank  leaves  added  during  restoration  may 
appear  within  the  text.  Whenever  possible,  these 
have  been  omitted  from  filming/ 
II  se  peut  que  certaines  pages  blanches  ajoutdes 
lors  d'une  restauration  apparaissent  dans  le  texte, 
mais,  lorsque  cela  dtait  possible,  ces  pages  n'ont 
pas  6td  filmdes. 

Additional  comments:/ 
Commentaires  suppl6mentaires; 


L'Institut  a  microfilm^  le  meiileur  exemplaire 
qu'il  lui  a  6X6  possible  de  se  procurer.  Les  details 
de  cet  exemplaire  qui  sont  peut-6tre  uniques  du 
point  de  vue  bibliographique,  qui  peuvent  modifier 
uno  image  reproduite,  ou  qui  peuvent  exiger  une 
modification  dans  la  m6thode  normale  de  filmage 
sont  indiqu6s  ci-dessous. 


The 
to  tt 


I      I    Coloured  pages/ 


D 


0 


0 


Pages  de  couleur 

Pages  damaged/ 
Pages  endommag6es 


r~n    Pages  restored  and/or  laminated/ 


Pages  restaurt&es  et/ou  pellicul6es 

Pages  discoloured,  stained  or  foxed/ 
Pages  ddcolordes,  tachetdes  ou  piqu6es 


The 
poss 
of  tl 
film 


Oris 

begi 

the 

sion 

oth( 

first 

sion 

or  il 


I      I    Pages  detached/ 


Pages  d6tach6es 

Showthrough/ 
Transparence 

Quality  of  prir 

Qualitd  indgale  de  I'impression 

Includes  supplementary  materif 
Comprend  du  materiel  suppldmentaire 

Only  edition  available/ 
Seule  Edition  disponible 


r~7|  Showthrough/ 

I      I  Quality  of  print  varies/ 

I      I  Includes  supplementary  material/ 

p~|  Only  edition  available/ 


The 
shal 
TINi 
whii 

Map 
diffi 
entii 
begi 
righi 
reqt 
metl 


Pages  wholly  or  partially  obscured  by  errata 
slips,  tissues,  etc.,  have  been  refilmed  to 
ensure  the  best  possible  image/ 
Les  pages  totalement  ou  partiellement 
obscurcies  par  un  feuillet  d'errata,  une  pelure, 
etc.,  ont  6t6  film6es  6  nouveau  de  fa9on  6 
obtenir  la  meilleure  image  possible. 


( 

rhis  item  is  filmed  at  the  reduction  ratio  checked  below/ 

Ce  document  est  filmd  au  taux  de  reduction  indiqu6  ci-dessous 

10X                              14X                              18X                             22X 

26X 

30X 

y 

12X 

16X 

20X 

24X                             28X                             32X 

The  copy  filmed  here  has  been  reproduced  thanks 
to  the  generosity  of: 

Nationai  Library  of  Canada 


L'exemplaire  film6  fut  reproduit  grdce  d  la 
g^ndrositd  de: 

Bibliothdque  nationale  du  Canada 


The  images  appearing  here  are  the  best  quality 
possible  considering  the  condition  and  legibility 
of  the  original  copy  and  in  keeping  with  the 
filming  contract  specifications. 


Les  images  suivantes  ont  6t6  reproduites  avec  le 
plus  grand  soin,  compte  tanu  de  la  condition  et 
de  la  nettetd  de  l'exemplaire  filmd,  et  en 
conformity  avec  les  conditions  du  contrat  de 
filmage. 


Original  copies  in  printed  paper  covers  are  filmed 
beginning  with  the  front  cover  and  ending  on 
the  last  page  with  a  printed  or  illustrated  impres- 
sion, or  the  back  cover  when  appropriate.  All 
other  original  copies  are  filmed  beginning  on  the 
first  page  with  a  printed  or  illustrated  impres- 
sion, and  ending  on  the  last  page  with  a  printed 
or  illustrated  impression. 


Les  exemplaires  originaux  dont  la  couverture  en 
papier  est  imprimde  sont  film6s  en  commengant 
par  le  premier  plat  et  en  terminant  soit  par  la 
dernidre  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration,  soit  par  le  second 
plat,  selon  le  cas.  Tous  les  autres  exemplaires 
originaux  sont  filmds  en  commen9ant  par  la 
premidre  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration  et  en  terminant  par 
la  dernidre  page  qui  comporte  une  telle 
empreinte. 


The  last  recorded  frame  on  each  microfiche 
shall  contain  the  symbol  -^  (meaning  "CON- 
TINUED"), or  the  symbol  y  (meaning  "END"), 
whichever  applies. 


Un  des  symboles  suivants  apparaitra  sur  la 
dernidre  image  de  cheque  microfiche,  selon  le 
cas:  le  symbole  — ^  signifie  "A  SUIVRE",  le 
symbole  V  signifie  "FIN". 


Maps,  plates,  charts,  etc.,  may  be  filmed  at 
different  reduction  ratios.  Those  too  large  to  be 
entirely  included  in  one  exposure  are  filmed 
beginning  in  the  upper  left  hand  corner,  left  to 
right  and  top  to  bottom,  as  many  frames  as 
required.  The  following  diagrams  illustrate  the 
method: 


Les  cartes,  planches,  tableaux,  etc.,  peuvent  §tre 
film6s  i  des  taux  de  reduction  diffdrents. 
Lorsque  le  document  est  trop  grand  pour  dtre 
reproduit  en  un  seul  clichA,  il  est  film6  d  partir 
de  I'angle  sup^rieur  gauche,  de  gauche  d  droite, 
et  de  haut  en  bas,  en  prenant  le  nombre 
d'images  ndcessaire.  Les  diagrammes  suivants 
illustrent  la  m6thode. 


1 

2 

3 

32X 


1  2  3 

4  5  6 


mu//i 


y 


.  ^.    \  I 


T/ 


. JtJ.-- 


"M  ^: 


■■,v 

I 


■O^i 


'mt> 


'4  . 


t# 


V 


HISTORICAL  COLLECTIONS 


or 


LOUISIANA, 

EMIIUACINO  TKANS/CTIONS  (IF  '    . 

MANY   RARE  AND  VALUAIILE   J)()CriMEN'rs 

RELATINCi     10    iHK 

NATURAL,  CIVIL,  AND  POLITICAL 

HISTORY   OF    THAT    STATE. 

COMPILED    WITH 

HISTORICAL  AND  BTOCtRAPIIICAL  NOTES. 


'i 


nv 


B.   F.  FRENCH, 


UtnihtT  of  the  Historical  Society  of  Louisiana ;  of  the  American  Assnciatimi  for  the 

Advancement  of  Science;  nf  the  American  Aiitiiiuarian  Sncicti/  nf  Massachiiselts: 

Cnrrespondinfr  Member  of  tlic  Academy  <f  yutiiral  Sciences  if  Pliiliiileliiliid; 

')/' the  Historical  Society  nf  New- York ;  and  Honorary  Memlier  if 

the  New-Jersey  and  Cmincctieut  Historical  Societies,  <li;.  .?•<■ 


PART  FIFTH. 

HISTOKICAI.    MEMOins   FHOSf  1687  TO    1770, 


NEW-YOIIK  : 
LAMPORT,     B  L  A  K  E  M  A  N    ct    LAW. 

No.    H    PARK -PI,  ACE 

1853. 


t# 


Kninrrd  aconrdhm  In  iiol  nl   (NiiiKrcHH,  in  the  yi-iir  1853,  hy  H.  F.  FnKNcir,  in  tlic  i'lork'n 
odict!  of  lilt!  DiHlrii^t  i'oiirl.  lor  IIk^  Soutliurn  DiNlrid  (if  New- York. 


W! 


TO/ 


<  i .   w.  <  !(>s  r  !•;  i{.   I',  so, 


CTljts  Volume 


IS     DUDKIATliU,     WITH     SKNTIMENT:*    Ol'     UlilJAltU    AND     EsTEIiM. 


BY 


n    r.  riiENCH 


Vfj.  1)1  ijiiiiiijii  riw,,  yiii-V( 


-w  — 


'I'lifl  I'lirtrait  of'M.  Hiknvim.k,  »<o  long  iliHtingiiiKlicd  in  llic  hislDriciil  anunlK 
of  Ii()ui8i:in.-i.  in  «'nj,'r;ivi"il  Iroin  a  copy  i>f  the  oriuiiiiil,  in  llu!  poHscssion  nf 
tliii  liimily  ill  < ';iii:u]a,  and  is  In'licvcci  In  he  llic  mily  iinc  in  cxi.-itcnco.  Il 
was  Idiuily  placed  at  our  dispoial  l)y  llio  holder.  Mr.  Do  Uow,  of  Ncw- 
Orloana,  having  bot-n  executed  for  him  liy  one  ot  tlio  lirst  artists  in  Canada. 


CONTENTS, 


dumont's  memoir. 


ical  annals 
♦session  of 
tcnco.  1 1 
,  of  Now- 
ill  Cnnatla. 


I'litsT  EstaWishmPiit  of  the  French  Colony  alDaujihin  iHland — Pr-Triptioii 

of  that  island I 

Cn)iturp  of  Fort  Ponsacol.i  from  tho  Spaniards J 

Spaniards  rotako  I'cnsacola — Their  attempt  on  Daupliin  Island '> 

Arrival  of  the   French  Scpiadron  at  Dauphin  Island — Second  Capture  of 

I'ensaeola !) 

Arrival  of  a  vessel  loailed  with  youni;  women  at  Dauphin  Islanil 14 

Second  Kstahlishment  of  tho  Trench  Colony  at  Old  IJiioxi Ifi 

Third  l\stal)lislnnent  of  tlie  Colony  at  New  13iIoxi U> 

Dispersion   of    the    Concessionnaires   (firaiitecs) — Establishment    of    the 

French  posts  in  Louisiana 2^ 

Estalilishment  of  Ncw-Orlcans — Description  of  that  Capital 23 

The  currency  of  the  country 27 

The  Post  of  IJalize 2'J 

Tho  i'ost  of  the  Natchez,  or  Fort  Rosalie 30 

Fort  Naquitochcs 33 

Tho  Arcan^as  Post 31 

Tlio  Illinois  Fort 30 

The  jMissouri  Post 37 

Fort  Mobile , 40 

Arrival  of  tho  Royal  Comniissaries  at  Ncw-Orlcans — Establishment  of  a 

Council  in  that  Capital 41 

First  Indian  hostilities  against  the  French — a  party  of  Chtckasaws  surprises 

a  French  Cabin 43 

One  of  tho  Directors  of  the  Concession  of  St.  Catharine's  wounded  by  the 

Natchez  Indians 47 

Continuation  of  Indian  hostilities — The  Commandant  marches  against  them.  49 

liecall  of  the  Conunandcr  of  the  Country  to  France — Loss  of  the  Dcllona..  57 

New  troubles  with  the  Natchez  Indians 58 

Arrival  of  a  new  Commandant  at  the  Capital — The  Sieur  Chopart  sent  to 

Natchez Gl 

Sieur  Chopart's  conduct — Origin  of  the  last  war.. G4 

Conductor  the  Natchez — Their  resolution  on.  Sieur  Choparfs  proposition.  66 

General  Massacre  of  the  French  by  the  Natchez 68 


n 


t'OM'i'KN'iS. 


Sp«IUp|  of  t/,„  Afags,..,      . 

' I'"  '^-.'^.l,™  ,„j„,„  ,1  "'    M.  .;ar„.-TI,ri, or,„.|„     

'"'■"■■■»...,  ,■;;;:■•■; ""  "i^"*  i,om  ,,, 

-.Jrr".:-""'"'-'.H»»>vLi;:-,;;;:;;;;-.;^.w,,.. 

"'HH'III  ,S,.,.,  |,y  ,         ,..  


7I\ 


7<) 


v.ir. 


lO-.i 
100 
Ml 


FlKST  I'An-r        V  ' '. 

t'loyear  I7fi2...  ''•''f'T'''.sli.ncnt  of  tiio  Colo„v  of  T      •  ■ 

S^'^o.vn  P.KT.-.WlnVj  ;;•"•■ '•'^'""•'^  "' 

„  "f'ho  Spanianls  ""'■^'•^"■'  ^^"^'^  ^--  the  poace^nVoo  •,;,;, .- 

«-.raphiea,^,,,,„,-  — ---^    ^^-.'lU...,.,, 

Cio^raphicai  Notice  ^iC^:,  7:^";^^-"-^^^^^^^^       i! - 

biographical  n;;;;;  ■;;;:;; - '""'•^^"on.oy.Gono.a, 

^;.raphica,  Notice  r^'^::,;^'«^% -■:::::;;■;::- 

J^ote  on  the  trial  of  the  Prison    " " 

Biographical  Notice  Of  Govc^^a;;^^ ^ - 


lar 

i','<j 

Mi; 
ii:i 

I. 'ill 
Ifil 


17^; 
17S 
IS2 


i9;t 
ly.') 

201 
203 
201 


C'ONTKNTS. 


VII 


AIM'KNDIX 


iiiHKiiiicAr  noruMKNT*  anp  Ki.rrii)ATHis». 

Pm- 
I'rrliminary  Convpulion  lirlwccn  ilu'  King8  of  Krniirc  and  Spnin,  for  t lie 

roMHion  of  LouiMiaiia  In  the  latter snri 

Drlinilp  net  of  cession  liy  tiic  Kiii^  of  I'imucc  to  tlip  Kinir  of  8|iaiii y:i(i 

Till'  Sfvcnili  Articio  of  liic  (Idiiiiti' f  rraty  "f  I'f.icc  lirtwccti  Kiii;,'H  of  I'rancr. 

Spain  and  I]ni,dan(l,  8ii;npil  at  I'ariH  on  llic  lOth  of  IVImiary,  \7Ct:\ SHit 

Notct'roin  IIh- frcMcli  .MinUlcr  to  llii"  Np;inii<li  AndiaHHador Sill 

Coiiiiui.MiiioM  o(   |)oii  Louis  del  n/.a;^,i  y  Anic/.a;;a Sid 

I'onnnifliiiion  of  Uon  ItiTiiardn  dc  (ialvi'/. 'i\;\ 

|ii»[i.ilcli  of  I  lie  Mari|tii.-f  dc  I  irimaltii  to  Don  Lonis  I  n/a;,'a SITi 

Uoyal  oriliT  to  Don  i'<;iiro  IJairia.  Mayoral S'lll 

ilrport  lo  I  ho  Kinjr  on  Don  Aluxanilro  ( »'JU'illy'H  Slalcinents S'Ki 

•  Iplinancr^:  and  Iiistniclinns' 'd    Dnn  Aioxamlr"  <  I'HriJlv SM 


■I"  ^l"— ■  "■^■■■■l 


► 


KA' 


4 


HISTORY 


ov 


LOUISIANA. 


TRANSLATED  FROM  THE   HISTORICAL  MEMOIRS 


or 


M  .     D  U  M  O  N  T 


♦..'I-' 


I 


CHAPTER  I. 

FIRST  ESTABLISHMENT  OF  THE  COLONY  AT  DAUPHIN  ISLAND: 
DESCRIPTION  OF  THAT  ISLAND. 

DAUPHIN"  Island  is  situated  in  the  Gulf  of  Mexico,  in 
latitude  28°  K  and  in  longitude  288°  W.*  Its  length 
is  aboun  seven  leagues  from  east  to  west,  and  its  width  a  good 
league  from  north  to  south.  It  is  continually  exposed  to  a 
burning  sun,  and  the  soil  is  so  poor  that  it  is  hard  to  raise 
even  salads  and  other  vegetables.  It  is  indeed  almost  nothing 
but  sand,  which,  on  the  sea-shore,  is  so  white,  that  when  the 
sun  shines  on  it,  the  reflection  is  very  bad  for  the  eyes.  An 
ofi&cer,  named  Mahuet,  who  was  here  in  the  beginning  of  the 
establishment  of  the  colony,  was  forced  to  return  to  France  or 
he  would  have  lost  his  eyesight.  The  island,  however,  has 
this  advantage,  that  thougli  surrounded  by  the  sea,  you  can 

*  This  longitude  is  reckoned,  as  in  all  old  French  accounts,  from  Ferro,  onp 
of  the  Canary  islands.  I'he  latitude  should  be  28°  10'.  It  is  not  improbable 
that  this,  or  Ship  Island,  is  the  Malhado  of  Cabeza  de  Vaca. 


2 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


find  good  fresh  water  by  digging  in  the  sand  not  six  feet  from 
the  shore.  The  roadstead  for  ships  is  more  than  two  leagues 
from  the  island,  on  account  of  the  sand  banks  which  run  out 
a  great  way  and  are  but  slightly  covered  with  water.  The 
fishery  supplies  an  abundance  of  good  fish ;  as  for  trees,  the 
.ground  produces  only  pines  and  firs,  with  some  shrubs,  and 
many  stalks  of  a  kind  of  plant  which  bears  an  Indian  fig. 
This  fruit  is  an  excellent  remedy  for  the  dysentery  and  diar- 
rhcea;  but  before  eating  it  must  be  well  wiped,  for  it  is  covered 
with  many  little  clusters  of  fine  prickles  which,  sticking  to  the 
lips  and  tongue,  produce  an  intolerable  itching.*  Sun  strokes 
are  very  common  in  this  island.  Wild  purslain,  otherwise 
called  porcelain,  grows  here  spontaneously  almost  the  whole 
year.  Across  the  island  to  the  north  lies  a  short  distance  off 
another  little  island  called  Tete  de  Mort  (Death's  head),  because 
one  was  found  there  without  anybody's  knowing  where  it 
came  from. 

This  island,  such  as  I  have  described  it,  was  called  Massacre 
Island  by  the  first  who  settled  here,  from  the  quantity  of 
bones  they  found  here  at  their  arrival.f  These  first  settlers 
were  Canadian  voyagcurs,  who  had  got  some  goods  from  citi- 
zens of  Quebec  to  go  and  trade  among  the  Iroquois  and 
Hurons,  but  after  using  them  as  their  own,  were  afraid  to  re- 
turn home  after  such  a  piece  of  business,  and  reaching  the 
Illinois,  descended  the  river  St.  Louis  (Mississippi),  and  land- 
ing in  this  island,  settled  there.:}:    Mr.  Crozat  subsequently,  in 


*  This  is  undoubtedly  the  prickly  pear,  and  is  in  all  probability  the  locality  of 
the  fig  tribe  described  by  Cabeza  de  Vaca. 

t  This  island  was  first  visited  by  Iberville,  in  1699.  Some  writers  believe 
I  hat  these  whitened  bones  were  the  remains  of  the  unfortunate  expedition  of 
Pamfile  de  Narvaez. 

t  After  the  death  of  Sauvolle,  in  1701,  Bienville  made  this  island  a  military 
post. — Historical  Collections  of  Louisiana,  vol  iii.,  p.  23. 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


ix  feet  from 
two  leagues 
ich  run  out 
vater.  The 
)r  trees,  the 
shrubs,  and 
Indian  fig. 
7  and  diar- 
t  is  covered 
iking  to  the 
3un  strokes 
,  otherwise 
i  the  whole 
distance  off 
uX),  because 
g  where  it 

d  Massacre 
[uantity  of 
rst  settlers 
s  from  citi- 
quois  and 
fraid  to  re- 
iching  the 
,  and  land- 
luently,  in 

he  locality  of 

•iters  believe 
expedition  of 

n  J  a  military 


1712,*  obtained  the  monopoly  of  trading  in  the  Gulf  of  Mexi* 
co;  this  supported  the  settlement,  as  his  vessels  stopped  to 
take  in  water  and  gave  some  help  to  those  stationed  here. 
At  last,  in  1716,  on  Mr.  Crozat's  ceding  his  rights  to  the  com- 
pany, which  then  took  the  name  of  the  Western  Company,f 
they  began  to  think  seriously  in  France  of  establishing 
French  posts  in  the  province  of  Louisiana,  like  those  the 
Spaniards  possess  in  Mexico,  not  by  the  same  way,  but  by 
those  of  mildness.!  With  this  view,  as  early  as  the  following 
year  (1717),  the  company  dispatched  from  Eochelle  two  ves- 
sels, intended  to  go  and  begin  a  settlement  in  that  island, 
which,  on  their  arrival,  gave  up  its  former  name  of  Massacre 
Island  to  assume  that  of  Dauphin.  Ground  was  cleared, 
and  storehouses  and  cabins  raised,  with  houses  formed  of 
logs  and  palisades,  for  the  commandant  and  directors,  at 
whose  head  was  the  Sieur  le  Gac ;  the  Sieur  Hubert  being 
Commissaire  ordonnateur.  As  for  the  Commandant,  he  was 
the  Sieur  Ic  Moyne  de  Bienville,  a  native  of  Quebec;  the 
other  officers  were  the  Sieur  Jaquotot,  Judge ;  De  Beaune,  At- 
torney General,  and  Yaudripon,  Surgeon-in-Chief:§  there  were 
also  store-keepers,  clerks  and  book-keepers  for  the  offices,  and 
as  chaplain,  the  Reverend  Father  le  Maire,  a  missionary.  A 
moderate-sized  house  was  chosen  for  a  chapel,  but  afterwards 

♦  On  the  I4th  September,  1712,  M.  Crozat  obtained  from  the  king  of  France 
Letters  Patent  to  trade  in  Louisiana  for  fifteen  years. — Historical  Collections 
of  Louisiana,  vol.  iii.  p.  38. 

t  This  company  was  formed  in  August,  1717,  {See  Letters  Patent  in  vol.  iii. 
Historical  Collections  of  Louisiana,)  and  on  the  9th  February,  1718,  three  ships, 
with  ofFicers  belonging  to  the  company,  arrived  at  Dauphin  Island  to  take  posses- 
sion of  Louisiana. — Historical  Collcctioris  of  Louisiana,  vol.  iii.,  p.  53. 

t  It  is  amusing  to  see  how  the  authors  of  various  nations,  English,  French 
and  Spanish,  express  a  holy  horror  of  the  Indian  blood  which  soils  the  hands  of 
the  others ;  and  yet  we  must  confess  that  the  English  succeeded  most  completely, 
and  the  Spaniard  least  of  all,  in  depeopling  the  land  of  its  former  inhabitants. 

^  See  Historical  Collections  of  Louisiana,  vol.  iii.,  p.  54. 


I  I 


l!    ' 


I       i^ 


4  HISTORICAL  MEMOIRS  OP  LOUISIANA. 

found  to  be  too  little.  The  company  also  sent  out  provisions, 
salt,  beef  and  pork,  wine,  brandy,  flour,  &c.,  as  well  as  pow- 
der, balls,  cannon  and  guns.  In  1718,  two  other  vessels  ar- 
rived, called  the  Philip  and  the  Mary  ;*  they  brought  few 
men,  but  an  abundant  supply  of  provisions  and  ammunition. 
The  Mary  soon  sailed  back  to  France,  but  the  Philip  re- 
mained at  anchor  for  the  protection  of  the  inhabitants  of  the 
island,  which  now  became  the  cradle  of  the  new  colony  des- 
tined to  people  these  vast  countries. 


CHAPTEE  II. 


CAPTURE  OF  FORT  PENSA  COLA  FROM  THE  SPANIARDS  BY  THE  FRE!fCH. 

Ox  the  arrival  of  the  two  vessels  I  have  named,  the  Com- 
mandant of  Isle  Dauphin  received  letters  from  the  court  in- 
forming him  that  war  bad  been  declared  in  Europe  between 
France  and  Spain.  He  immediately  resolved  to  take  the  first 
step  and  attack  the  S^janiards  in  the  new  world  before  they 
came  to  attack  him,  and  conceived  the  project  of  making  him- 
self master  of  Fort  Pensacola,  which  belonged  to  them.  This 
fort  is  built  on  the  main  land,  not  more  than  fourteen  leagues 
from  Dauphin  Island,  but  as  M.  de  Bienville  had  not  forces 
enough  to  undertake  to  lay  siege  to  so  important  a  place  in 
due  form,  he  resolved  to  surprise  it,  if  possible,  and  carry  it  by 
a  sudden  blow.  For  this  expedition  f  he  assembled  what 
troops  he  had,  to  whom  he  added  some  Canadians  and  Indians 


\    1 

iil 


"  This  is  an  error.     Those  two  vessels  arrived  at  Dauphin  Island  on  the  19th 
April,  1719. — .See  Historical  Collections  of  Louisiana,  \o\.  iii.,  p.  63. 
t  Sec  the  account  in  Historical  Collections  of  Louisiana,  vol.  iii,,  p.  64. 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


lit  provisions, 
well  as  pow- 
3r  vessels  ar- 
brought  few 
ammunition, 
le  Philip  re- 
)itants  of  the 
V  colony  des- 


r  THE  FRENCH. 

ed,  the  Com- 
the  court  in- 
ope  between 
take  the  first 
I  before  they 
making  him- 
them.  This 
rteen  leagues 
id  not  forces 
It  a  place  in 
d  carry  it  by 
;mbled  what 
and  Indians 


and  on  the  19tli 

63. 

ii.,  p.  64. 


and  gave  the  command  of  this  little  army  to  Captain  de 
Chateaugue,  his  brother,  and  Captain  de  Richebourg ;  then, 
after  giving  them  provisions  and  arms,  they  embarked,  as  he 
also  did,  and  with  a  good  wind  tacked  towards  Isle  St.  llosa, 
over  against  Pensacola,  where  the  Spaniards  had  an  outpost, 
and  which,  by  its  point,  forms  on  the  western  side  a  pass  to 
enter  the  port  of  Pensacola.  They  anchored  as  near  as  pos- 
sible to  the  island,  and  the  troops  having  disembarked  unper- 
ceived,  they  seized  the  post  and  all  in  it,  who  were  put  in 
irons.  Their  uniform  was  taken  at  once,  and  some  French 
soldiers  dressed  in  them  in  hope  of  surprising  the  enemy  by 
this  disguise.  In  fact,  at  daybreak  next  morning,  a  party 
was  seen  starting  from  Pensacola  to  come  and  relieve  the 
guard  on  the  island.  The  Spanish  drummer  was  now  forced 
to  beat  as  usual,  and  the  disguised  French  soldiers  turning 
out,  the  enemy,  deceived  by  the  show,  landed  and  were  made 
prisoners,  disarmed,  and  put  in  irons  like  the  rest.  The 
French  then  re-embarked  in  the  same  boat  that  had  brought 
the  detachment,  passed  to  the  fort,  surprised  the  sentinel  in 
the  same  way,  seized  the  guard-house,  the  magazine  and 
stores,  took  the  commander  prisoner  in  his  bed,  and  made 
themselves  complete  masters  of  the  place.* 

After  this  expedition,  in  which  not  a  sword  was  drawn  nor 
a  drop  of  blood  shed,  M.  de  Bienville,  fearing  that  reinforce- 
ments might  not  arrive  soon  enough  from  France,  and  that 
there  were  not  provisions  enough  in  the  fort  to  support  the 
garrison  he  intended  to  leave  with  the  prisoners  he  had  made, 
put  them  in  a  vessel  with  some  troops  commanded  by  the 
Sieur  de  Eichebourg,  with  orders  to  convey  the  Spaniards  to 
Havana  and  deliver  them  to  the  governor  of  that  city.     lie 

*  The  Spanish  accounts  state  that  the  governor  was  entirely  unaware  of  the 
existence  of  war  between  the  two  crowns. 


.J» 


6 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


then  left  in  command  of  Pensacola,  bis  brotlier,  the  Sieur  de 
Chateaugud,  with  a  garrison  of  sixty  soldiers,  and  after  giving 
him  his  orders,  returned  to  Dauphin  island.* 


CHAPTER   III. 

THE  SPANIARDS  RETAKE  PENSACOLA— THEIR  ATTEMPT  ON  DAUPHIN 

ISLAND. 

The  French  vessel  which  bore  the  Spaniards  to  the  port  of 
Havana  was  no  sooner  anchored  there,  than  M.  do  Eichebourg 
went  to  visit  the  governor,  to  whom  he  delivered  his  prisoners. 
The  Spanish  officer  thanked  him  for  his  politeness,  and  as 
a  mark  of  his  gratitude,  made  him  and  some  officers  who 
were  with  him,  prisoners,  and  put  in  irons  the  soldiers  that 
had  followed  him.f  From  thence  they  were  led  to  prison, 
where  they  remained  some  time,  very  badly  fed  and  daily  ex- 
posed to  the  insults  of  the  Spaniards,  till  at  last,  tired  of  suf- 
fering, most  of  them  enlisted  in  the  Spanish  king's  troops. 

Meanwhile,  the  Governor  of  Havana  thought  of  revenging 
himself  upon  the  French  and  re-taking  Pensacola.  With  this 
design  he  equipped  a  vessel,  with  the  French  on«  which  had 
brought  the  Sieur  de  Eichebourg,  and  was  called  the  Duke  de 
Noailles.  He  fitted  them  out  Avith  provisions  and  all  that  was 
necessary  for  a  siege,  appointed  an  officer  to  command,  em- 
barked troops,  among  the  rest  several  French  deserters,  who 
were  all  put  on  the  Duke  de  Noailles,  after  which,  the  wind 
being  favorable  for  the  execution  of  their  project,  they  set  sail.:}: 

♦  Dauphin  Island  was  for  many  years  the  head-quarters  of  Bienville. 
+  This  is  not  denied  by  the  Spanish  accounts,  although  they  try  to  show  that 
the  two  French  vessels  were  captured  as  they  entered  the  harbor  of  Havana. 
t  Sec  Historical  Collections  of  Louisiana,  vol.  iii.,  p.  64. 


I  til 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


,  tLe  Sieur  de 
d  after  giving 


T  ON DAUPlim 

to  the  port  of 
3  Eichebourg 
his  prisoners, 
ness,  and  as 
officers  who 
soldiers  that 
id  to  prison, 
nd  daily  ex- 
tired  of  suf- 
i  troops. 
)f  revenging 
With  this 
i  which  had 
;he  Duke  de 
all  that  was 
nmand,  em- 
ierters,  Avho 
h,  the  wind 
.ey  set  sail.:{: 

nvillc. 

y  to  show  that 

of  Havana. 


Arrived  in  sight  of  Pensacola,  the  Spanish  vessel  drew  up  be- 
hind Isle  St.  Eosa,  while  the  Duke  de  Noailles  alone  appeared 
before  the  fort  with  French  colors,  and  was  received  into  the 
port,  after  replying  to  the  sentinel's  question — "  Who  com- 
manded the  vessel" — that  it  was  Captain  de  Eichebourg.  But 
scarcely  had  it  anchored,  when,  lowering  the  French  flag,  it 
ran  up  Spanish  colors,  which  it  attested  by  three  cannon  ;  on 
this,  the  signal  agreed  on,  it  was  joined  by  the  Spanish  vessel, 
and  both  summoned  the  commandant  to  surrender.  On  his 
refusal,  a  cannonade  began  on  both  sides  and  continued  till 
night.  Next  morning,  about  seven  o'clock,  the  enemy  again 
opened  their  fire  on  the  fort,  and  having  slackened  it  about 
noon,  sent  again  to  summon  the  commimdant  to  surrender. 
The  Sieur  de  Chateaugue  demanded  four  days  to  consider : 
two  were  given,  and  he  profited  by  them  to  send  an  express  by 
land  to  Isle  Dauphin  to  ask  assistance.  Unfortunately,  the 
Sieur  de  Bienville  was  not  then  in  a  position  to  send  any,  so 
that  after  tAvo  days  the  attack  was  renewed  with  great  vigor. 
The  French  commander,  on  his  side,  defended  the  palace  with 
all  imaginable  courage ;  and,  in  spite  of  the  heavy  fire  of  the 
enemy,  not  one  of  the  bastions  was  yet  injured;  but  night 
coming  on,  the  soldiers  of  the  garrison  availed  themselves  of 
it  to  desert,  and  abandoned  their  commander,  to  whom  not 
more  than  a  score  adhered.  The  Sieur  de  Chatcaugue  now 
seeing  himself  unable  to  hold  out,  asked  to  capitulate,  which 
was  granted  with  all  the  honors  of  war ;  but  hardly  had  he 
left  the  place  when  he  and  all  who  followed  him  were  arrested 
and  held  as  prisoners  by  the  Spaniards.  After  this  he  was 
put  on  board  a  vessel  and  sent  off  next  day  to  Havana  to  an- 
nounce the  capture  of  Pensacola. 

As  soon  as  the  governor  received  this  good  news,  he  dis- 


I         ! 


i 


*i 


I  I  ; 


'i! 


8 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


patched  some  bateaux  and  a  pink*  to  carry  provisions  and 
refreshments  to  the  fort  witli  troops  and  ammunition.  Mean- 
while the  officer  in  command  there  had  immediately  set  to 
work  to  repair  what  had  been  injured  by  the  cannonading, 
and  to  give  additional  defence  to  the  entrance  of  the  port, 
threw  up  a  little  palisade  fort  on  the  point  of  St.  Kosa  island. 
In  this  work  he  employed  the  French  prisoners,  giving  them 
no  rest,  and  no  food  but  cassava. 

The  commander  of  Pensacola  did  not  stop  here :  he  soon 
after  sent  out  a  bateau  called  the  Great  Devil,  armed  with  six 
l)ieces  of  cannon,  to  harass  the  French  established  on  Dauphin 
Island,  and,  if  possible,  land  and  take  possession.  As  soon  as 
this  bateau  hove  in  sight  the  captain  of  the  Philip,  who  had 
but  few  men  on  board,  and  did  not  wish  to  expose  himself  to 
be  taken  by  the  Spaniards,  prudently  drew  in  as  near  shore  as 
possible,  and  profiting  by  a  high  tide,  entered  a  bay  near  the 
island,  called  the  Major's  Hole.  Then  having  firmly  planted 
himself  there  with  piles  and  cables,  he  put  all  his  cannon  on 
one  side,  so  that  he  became  a  kind  of  citadel  to  the  island, 
where  all  were  now  under  arms,  but  where  there  was  no  fort, 
retrenchment  or  other  defence,  but  a  battery  on  the  eastern 
point  of  the  island.  Yet  such  was  the  valor  and  activity  of 
the  commander,  that  after  many  ineffectual  attempts  the  Span- 
iards found  it  impossible  to  land,  M.  de  Bienville  carefully 
sending  his  forces  to  every  part  of  the  island  to  prevent  by 
arms  any  attempt  to  land.f  The  enemy,  therefore,  could  only 
cruise  about,  and  as  they  had  several  French  deserters  who 
gave  them  information,  they  disembarked  on  the  main  land 

*  Richardson  defines  a  pink  as  a  kind  of  pilot-boat  or  revenue  cutter. 
t  The  Spanish  account,  exaltinj^r  the  bravery  of  their  own  men,  confirms  the 
resolute  defence  of  Governor  Bienville. 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


9 


ovisions  and 
tion.  Mean- 
liately  set  to 
annonading, 
of  the  port, 
Kosa  island, 
giving  them 

re:  he  soon 
led  with  six 
on  Dauphin 

As  soon  as 
ip,  who  had 
5  himself  to 
ear  shore  as 
ay  near  the 
mly  planted 

cannon  on 

the  island, 
^as  no  fort, 
the  eastern 

activity  of 
3  the  Span- 
e  carefully 
prevent  by 
could  only 
ertcrs  who 
main  land 

tier, 
confirms  the 


opposite  the  island,  where  a  Canadian  named  Mirngouinc  had 
a  plantation,  which  they  pillaged.  Meanwhile  there  appeared 
before  the  island  a  S]iaiiish  pink,  sent  to  help  the  Great  Devil 
to  take  possession  of  it,  and  these  two  vessels  uniting  again 
opened  a  fire  on  the  island  and  the  Philip,  which  returned  it 
stoutly,  as  did  also  the  battery  on  land,  which  was  served  by 
Canadians,  naturally  good  hunters  and  soldiers. 


CHAPTER    IV. 

ARRIVAL    OF  A   FRENCH  SQUADRON  AT  DAUPHIN  ISLAND— SECOND 
CAPTURE  OF  PENSACOLA  BY  THE  FRENCH. 

Things  were  in  this  state,  when  a  squadron  of  five  vessels 
appeared,  four  bearing  Spanish  colors,  the  smallest  having 
French  colors  hoisted  but  not  unfurled,*  as  if  it  were  a  prize 
taken  by  the  others  which  seemed  to  belong  to  the  king  of 
Spain.  In  fact,  they  were  really  taken  for  Spanish  by  the 
commander  and  all  the  French  on  Dauphin  Islar.d,  who  now 
thought  themselves  lost  men,  the  more  so  as  the  smallest  ves- 
sel with  its  colors  furled  Avas  not  unknown.  It  was  the  store- 
ship  Mary,  commanded  by  an  old  captain  named  Japy,  a  good 
sailor  and  brave  man,  who  had  often  in  his  voyages  been  at- 
tacked by  pirates,  but  had  always  come  off  with  honor  and 
success. 

These  vessels  Avere  taken  for  Spanish,  not  only  by  the  peo- 
ple of  Dauphin  island,  but  also  by  the  enemy,  who  never  for  a 
moment  doubted  their  being  ships  of  their  country  coming 
from  Vera  Cruz  or  Havana,  so  much  so  that  two  Spanish  offi- 
cers let  down  a  boat,  and  with  seven  sailors  went  on  board  the 

*  This  fleet  arrived  before  Dauphin  Island  on  the  1st  September,  1719. — See 
Historical  Colleclionii  of  Louisiana,  vol.  iii.,  p.  65. 


t 


10 


HISTORICAL  MKMOIIW  OF  LOUISIANA. 


ri 


I 


•4 


vessel  that  bore  the  pennant.  But  we  may  say,  that  like  the 
moth  thoy  Avent  to  burn  themselves  in  the  candle ;  for  as  soon 
as  they  reaehed  the  deck  they  were  arrested  and  made  prison- 
ers. In  fact,  the  whole  five  vessels  were  French ;  the  three 
largest  being  a  royal  squadron  commanded  by  M.  de  Champ- 
meslin,  composed  of  the  Hercules,  Mars  and  Triton ;  of  the 
other  two,  the  larger  was  the  Union,  Captain  Mansiliere,  the 
other,  fifth,  the  Mary,  both  belonging  to  the  company.  These 
vessels  brought  eight  hundred  soldiers,*  all  deserters,  who  had 
been  ordered  out  for  execution,  but  obtained  his  Majesty's 
pardon  on  condition  of  serving  these  three  years  in  Louisiana. 
There  were  also  twenty-eight  officers,  captains,  lieutenants  and 
sub-lieutenants,  to  form  them  into  companies  and  command 
them.  These  five  vessels  entered  with  a  very  slight  wind,  so 
that  the  'Man:  was  for  some  time  compelled  to  tow  the  Mary, 
which  was  lieav}  laden  and  no  great  sailer ;  but  the  wind 
freshening,  he  left  her  to  intercept  the  two  Spanish  vessels ; 
but  they  perceived  his  intention  and  retired  to  Pensacola, 
where  they  carried  the  news  of  the  reinforcements  at  Dauphin 
Island.  The  Mars  rejoined  the  squadron,  which  dropped  the 
Sj)anish  flag  and  ran  up  the  French  colors,  as  soon  as  they  an- 
chored ;  then  the  company's  vessel  sent  their  boats  ashore  with 
the  orders  and  packages  addressed  to  the  commander  of  the 
island,  who  passed  in  a  moment  from  the  keenest  anxiety  to 
the  liveliest  joy. 

The  next  day,  the  officers  intended  to  serve  in  the  country 
landed  to  salute  the  commander,  who  received  them  extremel}" 
well.  As  for  the  soldiers  on  board,  they  were  not  landed,  but 
were  formed  into  companies,  and  the  officers  arranged  accord- 
ing to  their  brevets  and  priority  of  commissions.     The  Philip 

*  This  is  ail  error.  In  this  number  is  also  included  colonists,  and  some  de- 
serters. 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


11 


was  taken  out  of  the  Major's  Hole  and  joined  the  squadron, 
taking  fresh  troops  on  board;  and  at  last  the  whole  squadron, 
except  the  Mary,  left  before  the  island  as  being  too  heavy,  set 
sail  with  a  favorable  wind  on  the  7th  of  September,  1719,  to 
retake  Pensacola,  and  rescue  from  fetters  the  French  soldiers 
taken  prisoners  by  the  Spaniards.  The  French  and  Canadian 
soldiers  taken  from  Dauphin  Island,  who  formed  a  little  army 
by  themselves,  were  landed  near  Perdido  river*  to  attack  the 
fort  by  land,  while  the  squadron  sailed  on,  preceded  by  a  light 
boat,  the  Mary,  which  sounded  the  pass  to  enter  the  port  of 
Pensacola,  and  put  buoys  there.  The  Ilerculcs,  which  carried 
the  commander,  drew  twenty-one  feet  water,  and  the  pass  was 
only  twenty-two  at  the  highest  tides,  so  that  they  despaired  of 
bringing  her  into  the  port;  but  an  old  Canadian,  named  Grimeau^ 
an  experienced  man,  who  knew  the  coast  perfectly,  boasted 
that  he  could  do  it,  and  succeeded,  for  which  he  received  let- 
ters of  nobility  the  next  year.  After  these  precautions  the 
Mary  entered  the  port  first,  followed  by  the  Mars,  Triton, 
Philip,  and  finally  by  the  Hercules,  not,  however,  without  re- 
ceiving as  they  passed  several  volleys  from  the  cannon  of  the 
little  fort  on  Isle  St.  Kosa.  As  soon  as  the  squadron  was  an- 
chored, a  brisk  cannonade  began  on  both  sides.  The  French 
had  but  five  vessels,  and  had  against  them  two  forts  and  seven 
sail,  Avliich  they  found  in  the  port.  The  large  fort,  indeed, 
made  little  resistance,  firing  only  one  cannon  on  the  land  ar- 
my ;  for  the  Spanish  commander,  espying  a  body  of  over  three 
hundred  Indians,  commanded  by  the  Canadian  Sieur  de  St. 
Denis,  a  brave  ofiicer  and  cousin  of  M.  de  Bienville,  and  be- 
lieving himself  lost  if  he  fell  into  their  hands,  struck  his  flag 
and  surrendered  the  place. 


*  According  to  Charlevoix,  the  full  name  of  this  river  is  Rio  de  los  Pcrdidos, 
that  is,  "  of  the  lost  men,"  so  called  from  a  terrible  shipwreck  near  its  mouth. 


ill 


« 


IS 


HISTORICAL  MKMOIRS  OP  LOUISIANA. 


'!|ii 


They  had,  therefbro,  only  to  handlo  the  Uttlo  fort  St.  Itosa 
and  the  seven  sail.  After  a  brisk  cannonado  of  two  liours,  a 
chainshot  from  one  of  the  enemy's  vessels  cut  off  the  end  of 
our  aihniral'a  yurd-arm ;  on  this  the  S})aniards  cried  three 
times,  *'  Viva  Felipe  Cinco,"  as  if  that  shot  had  won  them  vic- 
tory. But  their  joy  was  not  long-lived ;  the  French  admiral 
immediately  loaded  three  forty-eight  pounders,  which  were  on 
his  quarter-deck,  and  liad  not  yet  been  fired ;  at  the  second 
shot,  made  by  our  chief  cannonicr  on  one  of  the  hostile  ves- 
sels, he  cut  the  main-mast  and  it  fell  into  the  sea.  This  blow 
was  followed  by  the  shouts  from  all  the  fleet,  wlio,  in  imitation 
of  the  Spaniards,  cried  three  times,  "  Vive  le  Roi !"  while  the 
enemy  were  so  alarmed  that  they  ran  down  between  decks  cry- 
ing, "Traya  la  baudcra;"  that  is,  "Save  the  Mag."  Meanwhile, 
their  alarm  was  so  great  that  no  one  dare  expose  himself  to  get 
it  off,  so  that  a  French  prisoner  in  the  vessel  had  to  do  them 
that  service.  A 11  the  rest  surrendered ;  but  we  had  well  nigh 
met  with  a  great  disaster  by  the  scheme  of  the  ofRcers  of  one 
of  these  Spanish  vessels.  They  had  embarked  on  the  bateau 
the  Great  Devil,  in  hopes  of  escaping  from  the  enemy  and 
reaching  Fort  St.  Augustine  ;  and  to  prevent  the  victor's  mak- 
ing anything  by  their  vessel,  they  had  resolved  to  fire  the 
magazine  and  blow  it  up.  With  this  view  they  had,  before 
starting,  laid  several  trains  of  powder,  with  a  piece  of  lighted 
slow-match  at  the  end,  so  as  to  leave  them  about  three-quar- 
ters of  an  hour  to  escape  before  the  powder  took  fire.  Hap- 
pily their  design  was  discovered;  they  were  pursued  and 
taken.  On  the  other  hand,  some  French  prisoners  in  the  ves- 
sel, kept  between  decks  by  the  Spaniards,  hearing  no  more 
firing  or  manoBuvring,  nor  even  walking,  went  up  on  deck, 
perceived  the  trains  and  match,  put  out  the  fire,  and  sent  one 
to  the  admiral  to  report  the  whole  afBiir. 


Ill 


niSTOniCAL  MKMOIUS  OF  LOUISIANA. 


13 


It  now  rcnmincd  only  lu  ifduco  the  liltlo  fort,  which  its 
coinniandrr  (U'ltMitUd  vcrv  bravely  njid  stoutly  lor  more  than 
ail  hour  more,  killing  otuj  ol  out  •'oldiert,  '.vhosu  head  was  di- 
vided by  a  ball  cut  in  two  iind  connected  by  two  bra.srf  wires. 
At  last,  ])owder  failing,  he  wa-  compelled  to  surrender,  and 
came  in  ju'r-son  to  present  liis  sword  to  our  admiral,  who  em- 
braced him  and  returned  it,  saying  that  he  could  distinguish  a 
real  soldier  from  one  so  but  in  name;  at  the  same  time,  ho 
assigned  him  his  vessel  as  a  prison ;  on  the  contrary,  he  did  not 
deign  to  look  at  the  commander  of  the  large  fort,  who  was  lor 
some  time  the  laughing-stock  of  the  soldiers  antl  sailors.  All 
the  Spaniards  found  in  the  vessels,  or  in  the  two  forts,  were 
made  prisoners  of  war  and  divided  through  the  fleet,  and  our 
Frenchmen  held  as  prisoners  recovered  their  liberty.  As  to 
the  deserters,  who  numbered  about  forty,  a  council  of  war  was 
held  the  next  morning,  and  they  were  ordered  to  draw  lots : 
twenty  were  hung  at  the  yard-arm  of  the  admiral's  mi/en- 
mast,  the  others  were  condemned  to  serve  the  com])any  ten 
years  as  galley  slaves. 

The  same  day  they  discovered  at  sea  a  large  pink  making 
full  sail  for  Pcnsacola.  As  they  had  no  doubt  she  was  Span- 
ish, orders  were  given  to  lower  the  French  colors  and  run  up 
those  of  that  nation.  This  show  deceived  the  commander  of 
the  pink :  he  entered  the  port  boldly,  anchored  without  the 
least  distrust,  and  saluted  the  pennant  with  five  cannon.  But 
what  was  his  astonishment  Avhcn  the  bateau  Great  Devil,  then 
ours,  and  already  manned,  hauled  alongside,  and  answered  his 
salute  by  a  volley  of  musketry  and  cries  of  "Vive  Ic  lioi  de 
France!"  lie  had  to  surrender;  but  the  captain  did  not  do 
so  before  he  had  dropped  overboard  a  leaden  box  containing 
the  letters  and  orders  he  had  been  commissioned  to  bring 
to  Pensaeola.      lie  did  not,  however,  do  it  so  adroitl)-  as  to 


Ii    w 


a 


it 


14 


HISTORICAL  MEl  OIRS  OF  LOUISIANA. 


escape  the  observation  of  a  soldier,  who  immediately  sprang 
into  the  water,  and  diving  down  brought  up  the  box  to  M.  de 
Champmeslin,  who,  as  a  reward,  made  him  a  sergeant.  The 
box,  when  opened,  was  found  to  contain  a  letter  Avritten  by  the 
Governor  of  Havana  to  the  Commandant  of  Pensacola,  in  the 
name  of  the  King  of  Spain,  by  which  he  informed  him,  that  as 
he  was  sure  that  by  their  valor  and  courage  his  subjects  and 
good  friends  had  conquered  and  taken  possession  of  the  coun- 
try that  belonged  to  the  French,  and  taken  all  prisoners,  he 
ordered  him  to  send  them  all  to  work  in  the  mines  to  avoid  a 
scarcity  of  provisions.  It  is  easy  to  imagine  that  the  publica- 
tion of  such  orders  did  not  contribute  to  sweeten  the  lo'u  of 
the  Spaniards  who  had  been  taken  prisoners.  Moreovei-,  they 
found  in  the  pink  a  store  of  refreshments,  which  came  quite 
appropriately  for  the  victors. 

After  the  capture  of  Pensacola  the  two  forts  were  de- 
molished, and  only  four  houses  kept,  to  serve  as  stores  and 
guard-house,  as  well  as  lodgings  for  the  officer  and  small  body 
of  soldiers  left  to  guard  the  post ;  the  rest  were  transported  to 
Dauphin  Island.  After  this  exploit,  M.  de  Champmeslin  set 
sail  and  returned  to  France. 


CHAPTER  V. 

ARRIP'AL   OF  A    VESSEL  LOADED   WITH    YOUNO    WOMEy  AT  DAUPHjy 

ISLAND. 


il 


After  this  successful  expedition  all  returned  to  Dauphin 
Island,  where  each  one  was  soon  employed  in  his  respective 
duty.  The  troops  and  mechanics  were  supported  at  the 
expense  of  the  company ;   every  few  days  they   dealt  out 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


16 


iatelj  sprang 
box  to  M.  de 
•geant.     The 
rittcn  by  the 
lacola,  in  the 
him,  that  as 
subjects  and 
)f  the  coun- 
)risoners,  he 
s  to  avoid  a 
:he  publica- 
i  the  lou  of 
eovpi',  thcT 
came  quite 

3  were  de- 
stores  and 
small  body 
isported  to 
meslin  set 


"  DAUPHTN 

Dauphin 
espective 
I  at  the 
ealt  out 


to  them  the  salt  meat,  (beef  or  pork,)  bread  and  wine  or 
brandy,  which  they  needed.  The  same  distribution  was  made 
every  other  week  to  the  officers,  with  this  dilfcrence,  that  as  to 
meat  and  drink,  they  were  free  to  choose  what  they  liked  : 
some  even,  instead  of  taking  the  bread  distributed,  preferred  to 
take  their  rations  in  flour,  which  they  gave  to  bakers  to  make 
into  bread  according  to  their  f^ney. 

At  this  juncture  arrived  a  vessel  sent  from  France  loaded 
with  young  women,  a  necessary  shipment,  Avitliout  which 
it  was  impossible  to  make  any  solid  establishment  in  the 
country.  *  There  were  indeed  on  the  island  some  married  Ca- 
nadians, who  had  children  and  even  marriageable  daughters, 
but  they  were  old  settlers,  and  looked  upon  as  lords  of  the  isl- 
and, for  they  had  risen  to  wealth  by  trade  either  with  Crozat's 
vessels  or  the  Spaniards.  One  especially,  named  Trudeau,  had 
a  very  pretty  frame  house,  two  stories  high,  covered  with 
shingles. 

As  soon  as  the  young  women  were  landed  they  were  lodged 
in  the  same  house,  Avitli  a  sentinel  at  the  door.  Leave  was 
given  to  see  them  by  day  and  make  a  selection,  but  as  soon  as 
it  was  dark,  entrance  to  the  house  was  forbidden  to  all  persons. 
These  girls  were  not  long  in  being  provided  for  and  married ; 
and  we  may  say  that  this  first  cargo  did  not  suffice  for  the 
number  of  suitors  who  came  forward,  inasmuch  as  the  one 
who  remained  last  had  nearly  given  rise  to  a  very  serious  dis- 
pute between  two  young  men,  who  wished  to  fight  for  her, 
although  this  Helen  was  anything  but  pretty,  having  the  air 
of  a  guardsman  than  of  a  girl.     The  dispute  coming  to  the 

*  This  vessel  brought  to  Louisiana  three  hundred  colonists,  and  eighty  girls 
under  the  caro  of  Sisters  Gertrude,  Saint  Louise  and  Marie.  See  the  treaty 
with  the  Ursuline  Nuns. — Historical  Collections  of  Louisiana,  vol.  iii.  p.  45. 


I 


11!     I 


16 


HISTORICAL   MEMOIRS  OF  LOUISIANA. 


ears  of  the  commandant,  he  made  them  draw  lots  to  settle  it. 
In  fact,  had  there  arrived  at  the  time  as  many  girls  as  there 
were  soldiers  and  workmen  on  the  island,  not  one  would 
have  remained  without  a  husband. 


CHAPTER  VI. 

SECOND  ESTABLISUMKNT  OF  THE   COLONY  AT  OLD    BILOXI. 

After  this  vessel,  loaded  with  young  Avomen,  there  arrived 
several  others,  among  the  rest  one  called  "The  Two  Brothers," 
commanded  by  th.e  Sieur  Feret.  All  brought  troops  and 
mechanics,  so  that  Dauphin  Island  soon  became  too  small  to 
hold  all  that  were  sent  there.  This  induced  the  commandant, 
who  had  been  very  long  in  the  province,  and  knew  better  than 
any  other  the  most  suitable  places,  to  select  a  wider  and  more 
spacious  ground  to  form  a  new  settlement. 

This  new  post  was  a  bluff  or  little  mountain  on  the 
main  land,  at  a  place  to  which  the  name  Old  Biloxi  was  given, 
because  it  had  formerly  boen  a  village  of  Indians  who  bore 
that  name.  To  go  and  prepare  at  this  place  suitable  and 
necessary  dwellings  for  the  colony  to  be  transported  there,  the 
commandant  selected  the  Sieur  de  Yaldcterre,  to  whom  he 
gave  his  orders.  He  sent  with  him  some  workmen  and  a 
company  of  stout  German  soldiers.  They  embarked  on  the 
vessel  "  Two  Brothers,"  with  the  provisions,  tools  and  utensils 
necessary  to  form  that  establishment.  They  had  only  thirty- 
eight  leagues  to  go  by  sea  to  reach  Ship  Island,*  but  on  the 

*  Ship  Island  afterwards  became  the  first  point  on  the  coast  of  the  Gulf  of 
Mexico,  where  large  war  vessels  anchored  on  coming  from  France. 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


17 


.u  niLoxi. 


way  the  vessel  touclied,  and  was  on  the  point  of  being  lost,  so 
that  to  save  her  they  had  to  throw  overboard  all  her  cannon. 
After   much   trouble   and   loss  they   got   oil",  and  went  and 
anchored  inside  of  8hip  Island,  a  good  league  and  a  half  from 
the  shore,  not  being  able  to  get  any  nearer  for  the  sand- 
banks, which  run  very  far  out,  and  over  which  there  is  only 
water  enough  for  common  boats.    As  soon  as  she  had  anchor- 
ed, they  let  down  the  boat  and  canoe,  and  in  these  the  detach- 
ment embarked  and  reached  New  Biloxi,  where  they  found  an 
old  Canadian  named  Deslots,  who  received  them  as  well  as  he 
possibly  could.     They  remained  with   this   liahitant  two   or 
three  days  to  rest,  and  then  went  to  visit  the  site  selected  by 
the  commandant  for  the  new  post.    It  was  not  yet  cleared,  so 
that  they  had  to  begin  by  preparing  the  ground.     Tlicy  set  to 
Avork  in  the  month  of  November,  1719,  and  the  soldiers  kept 
themselves  warm  with  blows  of  the  axe  and  spade,  some  clear- 
ing the  grass  and  brush,  others  in  felling  trees  and  making 
posts  or  palisades,  which  were  earcfullj^  laid  aside  near  the 
landing-place,   with  the  wood  prepared  for  building  cabins. 
After  fifteen  days'  hard  work  they  set  fire  to  several  places, 
and  the  devouring  clement  reducing  to  ashes  that  heap  of 
stumps,  brush,  canes,  andshrubs,  left  a  fmc  large  place  cleared. 
They  began  by  raising  some  cabins  for  the  soldiers,  who  till 
then  had  slept  under  tents,  or  under  "berre",*  a  kind  of  bed, 
made  on  the  ground,  and  covered  by  means  of  a  ring  above, 
with  a  large  tent-cloth  eighteen  ells  long  and  five  or  six  wide. 
Without  this  precaution  it  would  be  impossible  to  close  an  eye 
all  night  on  account  of  the  trouble  given  by  the  musquitoes 
and  gnats.      They  then  laid  out  on  the  spacious  ground  sites 
for  cabins,  raised  dwellings  for  the  commandant  and  officers, 

*  F.  du  Poison,  who  writes  it  "/w/rf,"  jrivos  a  lively  dpscription  of  this  ne- 
cessary article  on  the  Lower  Mississippi. — Kip's  Jesuit  Missions. 


i  j 


18 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


if.  - 

!;; 
In' 


ill  i 


built  magazines,  and  even  constructed  a  cistern.  This  work 
•was,  as  I  have  said,  done  in  the  winter,  a  season  consequently 
when  provisions  for  the  workmen  were  plenty,  the  Biloxi 
Indians  bringing  in  game  of  all  kinds,  buftalo,  bear,  deer, 
duck,  and  seal,  to  trade  for  merchandise. 

While  they  were  engaged  in  forming  this  new  establish- 
ment three  royal  vessels  arrived  commanded  by  M.  de  Saugon,* 
with  a  ship  of  the  comi)any's,  called  the  Mutinc,  commanded 
by  the  Sieur  do  Martonne,  as  captain.  The  last  vessel,  besides 
a  cargo  of  goods  and  provisions,  brought  a  troop  of  young 
women,  sent  by  force,  except  one,  Avho  was  called  the  Damsel 
of  Good-Will.  They  were  landed  first  on  Dauphin  Island, 
but  the  marrying  mania  had  subsided,  and  there  was  no  de- 
mand for  them.  As,  moreover,  the  commandant  had  resolved 
to  abandon  the  island  soon,  he  put  them  all  in  boats  and  sent 
them  over  to  Ship  Island,  thence  to  Old  Biloxi,f  where  most  of 
them  got  married.  At  the  same  time,  the  commander  of  the 
royal  vessels,  seeing  all  quiet  in  those  parts,  and  nothing  to  be 
feared  from  the  Spaniards,  set  sail  and  returned  to  France 
with  two  of  the  company's  vessels,  the  Mutine  and  Two 
Brothers. 

On  the  other  hand,  M.  de  Bienville,  seeing  the  establishment 
at  Old  Biloxi  pretty  well  advanced,  transported  there  all  the 
provisions,  merchandise  and  aiunitions  of  war  on  Dauphin 
Island.  Then  you  might  have  seen  the  whole  staff,  soldiers, 
workmen,  officers  and  hahitans,  abandon  that  island,  which 

*  This  fleet  arrived  at  Dauphin  Island  on  the  28th  of  February,  1730. — His- 
orical  Collcctiom  of  Louisiana,  vol.  iii.,  p.  75. 

t  Old  Biloxi  was  founded  by  M.  d'Ibcrvillc,  in  1G99.  A  fort  with  four  bastions, 
and  mounted  with  twelve  pieces  of  cannon,  was  completed  on  the  first  of  May. 
The  command  of  it  was  given  to  M.  Sauvole,  and  M.  d'Ibcrville  returned  to 
France. — Sec  Journal  of  M.  Saxirole  in  Historical  Collections  of  Louisiana,  toI. 
iii.,  p.  223. 


i'.  I 


.m\ 


llMil 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


19 


It.  This  work 
consequently 
y,  the  Biloxi 
0,  bear,  decTj 

cw  establish- 
.  clc  Saiigon,* 
commanded 
.''cssel,  besides 
lop  of  young 
d  the  Damsel 
iphin  Island, 
re  was  no  de- 
had  resolved 
oats  and  sent 
diere  most  of 
lander  of  the 
lothing  to  be 
:d  to  France 
ic  and  Two 

stablishment 
there  all  the 
on  Dauphin 
taff,  soldiers, 
;land,  which 

ry,  1720.— His- 

■h  four  bastions, 
lie  first  of  May. 
lie  returned  to 
•"  Louisiana,  toI. 


had  been  the  cradle  of  the  colony,  to  repair  to  the  new 
post  and  take  possession  of  the  continent,  leaving  there  only 
a  sergeant  and  ten  men  to  guard  it. 


CHAPTEK  VII. 


THIRD  ESTABLISHMEUT  OF   THE  COLOyX  AT  NEW  BILOXI. 

As  soon  as  the  colony  had  been  transported  to  the  new  post 
just  established,*  all  was  set  on  the  same  footing  as  previously 
at  Dauphin  Island ;  all  were  similarly  supported  at  the  expense 
and  account  of  the  company,  and  the  same  distributions  were 
made.  Meanwhile,  some  of  the  company's  vessels  arrived  be- 
fore the  island,  and  the  guard  left  there  directed  them  to  the 
new  post  where  the  colony  then  was. 

These  vessels  brought  several  owners  of  concessions,  who 
had  come  to  form  establishments  in  the  colony  of  Louisiana 
.  for  their  private  account  and  profit.  The  concessions  (grants) 
were  those  of  M.  le  Blanc,  Minister  of  War,  and  his  associates ; 
that  of  Sieur  Law,  made  up  entirely  of  Germans,  and  those  of 
the  Sicurs  de  Meuze,  dc  Chaumont,  do  Paris  du  Vernay,  de 
Coly,  Damanoir,  dc  Villemont  and  Dartagiiette.  There  was 
besides  in  the  same  vessels  a  troop  of  engineers,  all  knights  of 
St.  Louis,  under  the  brigadier,  the  Sieur  le  Blonde  de  la  Tour, 
who  was,  moreover,  lieutenant-general  of  the  country  for  the 
colony,  and  besides  director  of  the  concession  on  the  Yasous  of 
the  minister,  who  sent  a  company  of  soldiers,  with  officers  to 
command  them,  and  two  other  companies  of  workmen,  with 
a  chaplain  and  sub-director. 

*  The  colony  was  removed  from  Dauphin  Island  to  New  Biloxi  in  1719. — H\$- 
torical  Collections  of  Louisiana,  vol.  iii.,  p.  07. 


I     < 


M 


1 


iiiiii 


1 

j  ill' 

1 
i 

'in 

1  .f  ■ 
*  1 ' '  t 

■Pi' 


20 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


By  what  I  have  thus  far  said,  it  will  be  seen  that  the  colony 
was  not  yet  planted  on  St.  Louis  Eiver  (Mississipin).  This 
determined  the  new-comers  to  land  all  their  peojile  and  eftects 
at  New  Biloxi,  where,  as  I  have  said,  the  Canadian  Deslots 
had  made  a  little  establishment,  which  he  had  subsequently 
abandoned  to  go  nearer  the  river.  There  each  took  a  plot 
along  the  coast,  cleared  it,  and  raised  cabins ;  but  they  had  this 
disadvantage,  that  when  they  wished  to  go  to  Old  Biloxi  to 
see  the  commandant,  they  had  to  cross  the  water  a  good 
league.* 

An  accident,  which  happened  in  the  latter  post  about  this 
time,  delivered  them  from  this  inconvenience,  and  caused  a 
new  transmigration  of  the  colony.  There  was  at  Old  Biloxi  a 
sergeant,  Avho,  having  drunk  a  little  and  lain  down,  took  it 
into  his  head  to  light  his  pipe,  as  he  did  in  fact  with  a  stick 
from  the  hre  ;  but  as  he  was  lying  on  his  bed,  instead  of  getting 
up  to  put  the  stick  back,  he  threw  it  unluckily  not  into  the 
middle  of  his  cabin,  but  against  the  posts  that  surrounded  it, 
so  that  the  wind,  blowing  through  the  posts,  soon  fanned  a 
blaze,  which  in  a  moment  caught  the  palisade  of  pine,  a  very 
resinous  wood,  and  easily  inflamed.  In  an  instant  the  lire 
spread  to  the  next  cabin,  and  from  that  to  another,  so  that, 
though  fortunately  the  wind  was  not  high,  the  conflagration 
soon  became  so  violent,  that  to  check  it  and  prevent  its 
progress,  they  had  to  throw  down  two  cabins  on  each  side. 
The  sergeant  escaped  as  he  was,  not  being  able  to  take  any- 
thing from  his  cabin ;  in  all,  eleven  w^re  burned  or  thrown 
down.  The  commandant  had  no  thoughts  of  restoring  them, 
us  he  was  already  disposed  to  transport  his  colony  once  more, 
and  make  a  third  establishment. 


*  The  bay  of  Biloxi  divides  New  from  Old  Biloxi,  where  the  remains  o(  the 
old  fort  built  by  d'Iberville  arc  still  be  seen. 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


21 


the  colony 
^pi).  This 
!  and  cflccts 
ian  Dcslots 
ibscqucntly 
ook  a  plot 
cj  had  this 
-1  Biloxi  to 


'er  a  good 


about  this 
1  caused  a 
Id  Biloxi  a 
vn,  took  it 

ith  a  stick 
I  of  getting 
>t  into  the 
ounded  it, 
1  fanned  a 
ne,  a  very 
it  the  lire 
3r,  so  that, 
iflagration 
)rcvent  its 
each  side, 
take  any- 
31'  thrown 
'ing  them, 
'ucc  more. 


A  new  reason  decided  him  to  do  so.  Although  great  care 
was  taken  in  France  to  send  abundantly  provisions  of  every 
kind  to  the  colony,  yet  all  their  care  could  not  prevent  want 
being  felt  there.  It  was  so  great  that  the  commandant  Avas 
obliged  to  send  the  soldiers,  workmen,  and  even  officers,  to  the 
nearest  Indians  of  the  country,  that  of  the  Biloxis  and  Pasca- 
goulas,  who  received  them  with  great  pleasure,  and  supported 
them  quite  well,  not  indeed  with  bread,  but  witli  good  hominy 
and  sagamity,  boiled  with  good  store  of  meat  or  bear  oil.  As 
for  the  concessioners,  each  remained  at  his  place,  living  not 
over  well,  being  brought  down  to  beans  and  peas  in  no  great 
quantity.  To  increase  the  dilemma,  there  arrived  at  this 
juncture  a  vessel  loaded  with  negroes,  who  were  distributed  to 
such  as  could  support  them.  At  last,  the  famine  was  so  severe 
that  a  great  number  died,  some  from  eating  herbs  they  did  not 
know,  and  which,  instead  of  prolonging  life,  produced  death  ; 
others  from  eating  oysters,  Avhich  they  went  and  gathered  on 
the  sea-shore.  Most  of  those  found  dead  by  the  heaps  of  shells 
were  Germans.  At  last,  in  the  height  of  this  scourge,  came 
the  Venus,  loaded  exclusively  with  provisions,  and  followed 
immediately  by  two  other  vessels.  Then  each  one  returned 
home,  and  the  Indians  were  paid  in  goods  for  what  they  had 
given.  At  the  same  time  the  commandant  raised  at  New 
Biloxi  a  third  establishment,  which  being  soon  after  completed, 
he  transported  the  whole  colony  to  it,  abandoning  Old  Biloxi, 
where  his  stay  had  been  marked  only  by  disastrous  events. 


nains  o(  the 


IflT**" 


22 


UISTORICAL  MEMOIRS  OF  LOUISIANA. 


CHAPTEK  VIII. 


it       I'll 


-,  ■ 


m 


111 


DTSPERSIOn  OF  THE  COrfCF.Ssrn:fN.linES.— ESTABLISHMENT  OF  FRErrCH 

POSTS  m  LOUISIANA. 

As  soon  as  tlicy  left  Old  Biloxi*  the  colony  was  reunited  on 
the  same  ground  in  the  ncwly-formcd  establishment ;  but  this 
reunion  was  of  no  long  duration.  The  commandant  and  his 
council,  fearing  the  recurrence  of  a  famine  like  that  they  had 
just  passed  through,  or  something  worse,  the  plague,  thought 
it  time  to  send  the  conccssionnaires  to  their  respective  lands 
assigned  them  by  the  company.  Accordingly,  each  made  up  his 
mind  and  they  separated.  I  will  here  set  down  in  what  country 
of  that  great  province  each  concession  was  then  established, 
and  how  far  it  is  from  the  mouth  of  the  St.  Louis  (Mississippi). 
This  will  show,  too,  its  distance  from  the  capital,  which  is  twenty 
leagues  above  its  entrance  into  the  gulf. 


M.  Blanc's,  at  the Yazoux 

"  Koly's,  at  the Natchez 

"  Law's,  at  the ...Arkansas 

' '  Dartaguette's,  at Baton  Rouge . . 

"  Paris  cUi  Vcrnay's,  at  the Bayagoulas 

"  Meuzc's,  at Pointe  Coupee. 

"  Villemont's,  on Black  River 

"  Clcrac's,  at  the Natchez 


140 

cagucs 

130 

238 

95 

59 

80 

130 

130 

.Chaumont's,  at  the. Pascagoulas 8  " 

from  Biloxi. 

Such  are  the  plots  then  established,  and  which  it  was  thought 
necessary  to  make  available  to  enable  the  grantees  to  draw  their 
own  subsistence,  and  even  sell,  in  case  of  want,  to  those  in  need. 
As  to  some  other  French  posts,  also  formed  in  that  country 
for  the  security  of  the  province  and  its  inhabitants,  I  shall 
treat  at  largu  in  the  course  of  these  memoirs. 

*  Bienville  removed  the  colony  from  Old  to  New  Biloxi,  on  the  east  side  of  the 
fcay,  in  December,  1719, 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


23 


NT  OF  FREircn 


CHAPTER    IX. 


ESTAnLrsifHEsr  of  jsEironLK.iys—DKicRiPTron  of  that  capital. 


reunited  on 
nt ;  but  this 
ant  and  his 
at  they  had 
uc,  thought 
ectivc  lands 
made  uj)  his 
hat  country 
estabhshed, 
Mississippi). 
3h  is  twenty 


0  leagues. 

0 

8  « 

5  << 

)  " 

►  " 

)  » 


as  thought 
draw  their 
'se  in  need. 
t  country 
s,  I  shall 

t  side  of  the 


WuiLE  the  conccssionnaires,  thus  dispersed  in  different 
places  in  that  vast  province,  were  engaged  in  forming  their 
establishments,  the  commandant,  now  left  alone  at  Old  Biloxi, 
with  the  troops  and  oOicers  of  the  company,  thought  of 
making  a  more  stable  and  solid  establishment  in  the  country 
than  any  that  had  yet  been  formed  for  the  colony.  With 
this  view  he  selected  a  tract  thirty  leagues  above  the  mouth 
of  the  river,  and  sent  the  Sieur  de  la  Tour,*  chief  engineer 
there,  to  choose  in  that  tract  a  place  fit  for  building  a  city 
worthy  of  becoming  the  capital  and  head-quarters,  to  which 
all  the  rising  settlements  might  have  recourse  to  obtain  aid. 

The  Sieur  de  la  Tour  was  no  sooner  arrived  at  the  placo,f 
then  consisting  only  of  some  unimportant  houses,  scattered 
here  and  there,  formed  by  voyageurs,  who  had  come  down 
from  Illinois,  than  he  cleared  a  pretty  long  and  wide  strip 
along  the  river,  to  put  in  execution  the  plan  he  had  projected. 
Then,  Avith  the  help  of  some  pique  urs,  he  traced  on  the 
ground  the  streets  and  quarters  which  were  to  form  the  new 
town,  and  notified  all  who  wished  building  sites  to  present 
their  petitions  to  the  council.  To  each  settler  who  appeared 
they  gave  a  plot  ten  fathoms  front  by  twenty  deep,  and  as 

*  Le  Page  du  Pratz  says,  "  That  when  he  arrived  in  Louisiana,  (in  1718,) 
New-Orleans  existed  only  in  name  :  Bienville  had  gone  to  the  Mississippi  to  lay 
out  a  city,  and  returned  to  Dauphin  Island  after  he  had  landed  there." 

t  Charlevoix  states,  in  his  Journal,  the  reasons  of  Bienville  and  the  engineers 
for  locating  the  city  of  New-Orleans  on  this  spot.  When  he  arrived  there  (Jan- 
uary, 1722)  it  consisted  of  about  one  hundred  cabins,  placed  without  order,  and 
abo  u  two  hundred  inhabitants.  He  predicted,  however,  that  the  day  was  not  far 
off  when  it  would  become  the  metropolis  of  a  great  colony. — Hist.  Coll.  of  La., 
vol.  iii.,  p.  178. 


2i 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


I      I 


§§ 


each  sipiarc  was  l^fly  fathoms  front,  it  gave  twelve  plots  in 
cacli,  tlio  two  middle  ones  being  ten  front  Ly  twenty-five  deep. 
It  was  ordained  tliat  those  wl»o  obtained  these  plots  shonld  be 
bound  to  inclose  them  with  palisades,  and  leave  all  around  a 
strip  at  least  three  feet  wide,  at  the  foot  of  wliieh  a  ditch  was 
to  be  dug,  to  serve  as  a  drain  for  the  river  water  in  time  of 
inundation.  Tlie  Sieur  do  la  Tour  deemed  these  canals,  com^ 
municating  from  square  to  squiire,  not  only  absolutely  neces- 
sary, but  even  to  preserve  the  city  from  inundation,  raised  in 
front,  near  a  slight  elevation,  running  to  the  river,  a  dike 
or  levee  of  earth,  at  the  loot  of  which  he  dug  a  similar 
drain.* 

All  were  engaged  in  these  labors,  and  several  house,  or 
cabins  were  already  raised,  when  about  the  month  of  Septcj:- 
bcr  a  hurricanef  came  on  so  suddenl}-,  that  in  an  instant  it  level- 
ed houses  and  2)alisades.  With  this  impetuous  wind  came 
such  torrents  of  rain,  that  you  could  not  step  out  a  momeut 
Avithout  risk  of  being  drowned.  A  vessel,  called  the  Adven- 
turer, lay  at  anchor  before  the  town,  and  thovidi  all  sails  were 
reefed,  and  the  yards  and  the  vessel  well  secured  to  the  shore 
by  cables,  and  in  the  river  by  anchors,  it  was  full  twenty  times 
in  danger  of  going  to  pieces  or  being  dashed  on  the  shore. 
In  fact,  this  tempest  was  so  terrible  that  it  rooted  up  the 
largest  trees,  and  the  birds,  unable  to  keep  up,  fell  in  the 
streets.  In  one  hour  the  wind  had  twice  blown  from  every 
point  of  the  compass.  On  the  tliird  day  it  finally  ceased,  and 
they  set  to  work  to  repair  the  damage  done.  Meanwhile  the 
new  city  began  to  fill  up  with  inhabitants,  avIio  insensibly  be 


*  Sec  an  engraving  of  the  original  plan  of  New-Orleans,  drawn  by  M.  de  la 
Tour,  facing  the  title-page  of  this  History. 

t  This  hurricane  took  place  on  the  lltli  Sept.,  1721,  and  threw  down  a  great 
number  of  houses,  both  at  Fort  Louis,  Diloxi,  and  New-Orleans.  — Historical 
Coll.  of  Louisiana,  vol.  iii.,  p.  Ill 


HISTORICAL  5IEM0IUS  OF  LOUISIANA. 


25 


vclvc  plots  ill 
•uty-fivc  deep, 
lots  sliould  be 
'  fill  around  a 
li  II  diteh  Avas 
tcr  in  time  of 
3  canals,  com- 
lutely  neccs- 
ion,  raised  in 
I'ivcr,  a  diivc 
iig  a  similar 

•al  houses  or 
h  of  Septcn- 
staut  it  level - 
5  wind  came 
ut  a  moment 

I  the  Adveu- 
Jill  sails  were 

to  the  shore 
iwent}^  times 

II  the  shore. 
)tcd  up  the 

fell  in  the 
from  every 
ceased,  and 
anwhile  the 
isensiblj  be 

'n  by  M.  de  la 

'  down  a  great 
IS.  —Hittorical 


gan  to  abandon  New  Biloxi  to  come  and  settle  theiv  ;  at  last 
the  commandant  himself  went  there,  with  his  eouneil  and 
troops,  leaving  only  an  ofTieer  with  a  detachment  at  New  Bi- 
loxi to  guard  the  post,  and  direct  vessels  coining  from  France 
to  the  residence  of  the  colony.  When  the  foundation  of  the 
new  capital,  whieh  took  tlie  name  of  New-Orleans,  was  hiid, 
the  houses,  as  I  have  said,  were  mere  palisade  cabins,  like  those 
of  Old  and  New  Biloxi ;  the  only  diflercnee  being,  that  in  the 
latter  places  the  posts  Avcre  pine,  while  at  the  ca])ital  they 
were  cypress.  But  since  they  began  to  make  briek  there,  no 
houses  but  brick  arc  built,  so  that  now  the  government-house, 
church,  barracks,  &c.,  and  almost  all  the  houses  arc  briek,  or 
half-briek  and  half-wood. 

About  this  time  arrived  a  third  vessel,  loaded  with  young 
women,  but  these  were  of  a  superior  class  to  their  predeces- 
sors, from  the  fact  of  their  being  called  "  casket-girls, "■'^'  because, 
on  leaving  France,  each  had  received  from  the  liberality  of  the 
company  a  little  trunk  of  clothes,  and  linens,  caps,  chemises, 
stockings,  &;c.  They  had,  too,  the  advantage  of  being  brought 
over  by  nuns.  They  had  not  time  to  jDine  away  in  the  houses 
assigned  for  their  abode  on  their  arrival,  but  soon  found 
husbands. 

The  parish  church  of  New-Orleans  is  built  facing  the  Place 
d'Armcs,f  and  is  served  by  the  Capuchins,  one  of  whom  is 
vicar-general  of  the  Bishop  of  Quebec.  At  some  distance 
from  the  city  is  a  very  fine  house,  the  residence  of  the  Jesuit 

*  "  In  the  beginning  of  172S,"  says  Gayarrt',  "  there  came  a  vessel  from 
France  with  a  considerable  number  of  young  girh,  of  good  moral  character,  who 
became  known  as  the  '  filles  a  la  casctte,'  who  were  taken  charge  of  by  tlie  Ursu- 
linc  nuns,  until  they  were  provided  with  husbands.  And,  subsequently,  it  be- 
came a  matter  of  importance  in  the  colony  to  derive  one's  origin  from  them, 
rather  than  from  those  who  had  been  sent  from  houses  of  correction." 

t  A  splendid  cathedral  now  occupies  the  site  of  the  old  parish  church 


|(f|!"^  " 


26 


niSTORICAL  MEMOIRS  OF  LOUISIANA. 


m: 


m 


I  ;,r: 


Fathers.    It  formerly  belonged  to  M.  Bienville,  commandant- 
general  in  the  country,  who  sold  it  to  thorn. 

Out  of  the  city  on  the  right  was  also  built  a  brick  convent,* 
for  the  Ursuline  nuns,  who  came  to  the  country,  a  few  at  a 
time,  but  at  last  formed  an  establishment.  They  omph)ycd 
their  time  in  instructing  youth  and  teaching  children  to  read. 
Beside  the  convent  is  a  military  hospital,  served  by  these 
good  nuns.  This  hospital,  for  many  years,  was  used  also  by 
the  citi/ensf  and  country  people,  but  at  last  another  was  built 
especially  for  them. 

In  this  city  there  is  a  council,  which  meets  generally  every 
Tuesday  and  Saturday.  It  is  composed  of  six  councilors,  an 
attorney-general,  and  an  intcndant,  who  is  also  commissaire  of 
ordinance  ;  there  is  also  a  register  and  a  secretary  to  the  council. 
Law-suits  are  settled  there  without  attorneys  or  counselors, 
and  consequently  witho'  b  expense,  on  the  pleadings  of  the 
party.  In  conclusion  this  place,  which  at  first  was  hardly  a 
good-sized  village,  may  now  justly  be  calletl  a  city.  On  the 
levue,  t(  the  left,  a  little  above  the  intendant's,  is  the  market, 
and  opposite  the  place,  beside  the  storehouses,  is  the  anchor- 
age for  vessels,  and  beside  it  the  guard-house.  To  avoid  acci- 
dent by  fire  the  powder-magazine  is  at  a  distance  from  the 
city.  In  a  word,  it  may  be  said  that  this  capital  wants  only 
fortifications,  which  have  not  yet  been  begun.  On  the  whole, 
you  will  find  there  very  fine  brick  houses,  and  a  great  many 
buildings  four  and  five  stories  high. 


ii ; 


m 


Hi 


*  This  ancient  building  still  exists.  The  nuns  continued  to  occupy  it  till 
1824,  when  they  removed  to  a  more  splendid  building  below  the  city.  It  is  now 
the  residence  of  the  Bishop. 

t  A  list  of  the  names  of  these,  to  whom  many  of  the  present  citizens  of  New- 
Orleans  can  trace  their  ancestry,  is  published  in  the  3d  vol.  of  the  Hist.  Coll.  of 
Louisiana. 


e,  commandant- 

urick  convent,* 
Hry,  a  few  at  a 
riicy  omi)loyeJ 
hildren  to  read, 
ervcd  by  these 
as  used  also  by 
lother  was  built 


I 


generally  every 
i  councilors,  an 
commissaire  of 
y  to  the  council. 
I  or  counselors, 
oadings  of  the 
St  was  hardly  a 
I  city.  On  the 
,  is  the  market, 
i,  is  the  anchor- 
To  avoid  acci- 
tancc  from  the 
ital  wants  only 
On  the  whole, 
I  a  great  many 


(1  to  occupy  it  till 
the  city.     It  is  now 

it  citizens  of  Ncw- 
f  the  Hist.  Coll.  of 


UISTOBICAL  MEMOIRS  OF  LOUISIANA.  27 


CriAPTER   X. 

THE  CURRENCY  OF  THE  COUSTRY. 

"WiiENT,  in  1710,  the  company  began  to  send  people  to 
Dauphin  Island,  and  'hen  to  Old  and  New  Biloxi,  there 
was  almost  no  money  in  public  circulation,  except  some  Spanish 
and  a  little  French  silver,  brought  by  individuals,  who 
used  it  to  buy  of  the  old  settlers  some  little  luxuries,  such  aa 
salad,  milk,  &c,,  the  latter  selling  at  Dauphin  Island  as  high 
as  forty  sous  the  pot.  \ 

The  company's  goods  were  not  paid  for  in  money.  "When 
anybody  wanted  anything,  he  made  out  a  statement  or  list  of 
the  articles,  and  presented  it  to  one  of  the  directors  of  the 
company,  who,  after  deducting  what  he  thought  proper, 
wrote  on  it  an  order  for  the  storekeeper.  The  applicant 
then  went  to  the  store  to  receive  what  was  on  his  statement, 
and  that  amount  was  deducted  from  the  total  he  was  entitled 
to  receive.  In  a  word,  the  notes  of  officers,  clerks  and  em- 
ployes, were  then  current  in  the  community,  and  passed  for 
money. 

Afterwards,  when  all  were  assembled  at  the  capital,  as  the 
people  in  the  province  could  not  share  in  the  happiness  of 
those  who  lived  in  France,  who  made  fortunes  by  bank-bills 
then  greatly  in  vogue,  they  resolved  to  make  some  at  last  of 
another  kind,  and  paper  money  was  made  from  fift}'-  sous  to 
fifty  livrcs.  For  the  advantage  of  such  as  could  not  read,  they 
were  made  so  that  by  mere  inspection  a  man  could  tell  the 
value  of  his  note  by  the  way  it  was  cut.  In  the  middle  were 
the  king's  arms,  with  the  number  of  the  note  on  one  side 
and  the  payee's  initials  on  the  other.  The  value  was  marked 
bclov,'  thiis,  "  Good  for,"  &c.    These  cards  were  signed  by  the 


28 


niSTORICAL  MEMOIRS  OF  LOUISIANA. 


treasurer,  commandant,  and  commissary  ordiuator.  It  was 
forbidden  to  refuse  them  in  trade,  even  on  the  king's  or  com- 
pany's vessels.  Yet,  in  spite  of  the  precaution  of  having  two 
different  signatures,  it  certain  that .  counterfeits  to  a  pretty 
considerable  amount  were  in  circulation. 

Scarcely  had  it  been  invented  when  small  copper  coin  began 
to  arrive.  It  had  on  one  side  two  L's  saltier,  and  on  the 
other  the  legend  "Colonic  Frangoise."  This  copper  money 
had  been  struck  at  Eochelle. 

I  have  said  that  even  vessels  were  forbidden  to  refuse  paper 
money :  but,  after  all,  they  had  no  interest  in  so  aoing,  for 
when  ready  to  clear  for  Europe,  they  received  bills  of  ex- 
change on  France,  on  paying  into  the  company's  treasury  the 
sum  received  in  notes.  But  this  was  not  the  case  v/ith  indi- 
viduals who  wished  to  return.  Either  to  compel  them  to  stay, 
or  for  some  other  reason,  they  obliged  them  to  exchange 
their  paper  money  for  Spanish  dollars  at  considerable  loss. 
In  1728,  in  the  time  of  the  company,  the  dollar,  worth  only 
five  livres  in  French  silver,  Avas  rated  at  ten  crowns  paper 
money :  but  ten  years  after,  when  the  company  had  surrender- 
ed its  charter  to  the  king,  the  dollar  sold  only  for  seven  livres, 
ten  sous.  At  the  present  time,  I  hear  that  a  royal  commis- 
sary, an  intendant  of  marine,  who  had  gone  to  the  colony,  has 
stopped  the  circulation  cf  paper  money,  and  that  French  silver 
alone  is  now  current. 

On  the  whole,  however,  it  must  be  remarked,  that  money  of 
any  kind  can  be  of  use  in  that  country  only  to  such  as  live  in 
the  capital  or  its  vicinity.  As  for  the  settlers  in  distant  posts, 
I  never  could  see  how  they  needed  money ;  all  their  trade  with 
the  Indians  is  by  exchange.  But  it  is  time  for  me  to  speak  of 
the  different  posts  formed  in  the  interior  of  the  country,  either 
for  the  secu'ity  or  advantage  of  those  settled  there. 


''1 
■  '■iilil' 


A. 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


29 


iuator.  It  was 
king's  or  com- 
of  having  two 

bits  to  a  pretty 

)per  coin  began 
31,  and  on  the 
copper  money 

to  refuse  paj)er 
.  so  uoing,  for 
;d  bills  of  ex- 
's treasury  the 
case  with  indi- 
1  them  to  stay, 
I  to  exchange 
iderable  loss, 
worth  only 
rowns  paper 
ad  surrender- 
seven  livres, 
oyal  commis- 
colony,  has 
rench  silver 

lat  money  of 
ch  as  live  in 
istant  posts, 
trade  with 
to  speak  of 
ntry,  either 


CHAPTER    XI. 


THE  POST  OF  BALIZE. 


After  the  Sieur  de  la  Tour  had,  as  I  have  already  stated, 
completed  the  plan  of  New-Orleans,  he  went  down  to  the  mouth 
of  the  river  St.  Louis  (Mississippi)  with  the  Sieur  de  Pauger, 
second  engineer,  whom  he  appointed  to  establish  there  a  post 
called  Balizc,*(the  buoy,)  to  serve  as  a  guide  to  vessels  wishing 
to  ascend  the  river.     This  was  undertaken  in  1722.     For  this 
purpose  they  took  a  heap  of  large  trees,  canes  and  brush- 
wood, which  the  river  in  its  floods  brings  down  to  the  mouth, 
and  which,  gathering  at  a  point  on  the  left  as  you  enter,  have 
formed  a  pretty  wide  ground.     On  this  tongue  of  land  is  a 
hole,  which  has  been  very  often  sounded,  though  they  could 
never  fmd  bottom.    It  is  remarkable  that  if  you  insert  into  it 
a  long,  straight  cane,  heavy  at  one  end,  and  drive  it  down  with 
all  your  might,  it  will  come  out  a  quarter  of  an  hour  after, 
and  rise  almost  out  of  sight  in  the  air  with  the  velocity  of  an 
arrow. 

On  this  ground  the  Sieur  de  Pauger  built  a  fort  which  cost 
the  company  a  great  deal,  for  not  a  single  pile  was  put  there 
that  was  not  driven  in  by  hard  work,  and  the  whole  is  built 
on  piles.  It  has  a  fine  battery  of  cannon,  which  covers  the 
anchorage  and  defends  the  entrance  of  the  river,  a  church, 
barracks,  store-house,  and  dwelling  for  the  captain  command- 
ing, all  built  of  wood,  on  the  surface  of  the  ground. 

What  I  have  said  shows  that  this  post  was  established  not 
only  to  show  vessels  from  France  the  way,   but  also  to 

*  This  post  no  longer  exists.  The  magazine,  and  part  of  the  fortification,  was 
swept  away  into  the  river,  and  a  new  Balize  was  established,  by  Don  Ulloa,  for 
the  accommodation  of  the  pilots,  in  1768. 


m 


It 


^1^ 


30 


HISTORIO^Uii  MEMOIRS  OF  LOUISIANA. 


close  the  entrance  to  strangers  and  enemies ;  there  is,  ac- 
cordingly, a  company  of  soldiers  with  a  captain  always 
stationed  there  to  guard  it.  This  garrison  lives  pretty  well 
in  winter,  as  game  is  abundant,  but,  from  the  beginning  of 
spring  through  the  summer,  they  have  to  go  pretty  far  inland 
to  get  even  water  to  drink,  for  the  mouth  of  the  river  is  then 
brackish.  It  is  true  that  the  fishery  is  always  abundant,  but 
meat  is  more  nourishing  than  fish,  so  that  they  take  care 
to  pickle  goose,  duck,  teal,  bustard,  and  sometimes  crane  legs, 
which,  with  a  little  salt  pork,  carry  them  through  the  hot 
weather.  Even  vegetables  succeed  but  poorly  at  this  post; 
some,  however,  raise  Milan  cabbage,  but  they  rarely  come  to 
a-head. 


CHAPTEE   XII. 

THE  POST  OF  THE  »JTCHEZ;  OR,  FORT  ROSALIE. 

This  post  is  a  hundred  leagues  from  the  capital,  up  the  river 
St.  Louis,  and  was  begun  in  1717  by  the  Sieurs  Hubert*  and  Le 
Page,f  before  any  concessionary  had  arrived  in  the  province. 
Le  Page  had  already  begun  to  cultivate  a  plot,  a  league  n  nd  a 
half  from  where  the  capital  is  now,  but  he  abandoned  it  to  go 
to  the  Natchez  with  the  Sieur  Hubert,  and  built  a  place  there. 
The  latter,  besides  being  a  settler,  was  also  commissary  and 
director.  He  was  a  man  of  talent ;  and  of  all  that  part  chose,  a 
league  from  the  bank  of  the  river,  what  he  deemed  the  most 


*  "  M.  Hubert  was  the  king's  commissary  of  the  colony.  He  sided  with  the 
new  governor,  L'Epinay,  in  his  animosity  against  Bienville,  and  charged  him 
with  being  a  pensioner  of  Spain,  who  was  bribed  to  check  the  settlement  of  the 
colony." — Martin. 

t  M.  le  Page  ailerwards  published  a  History  of  Louisiana,  in  which  he  makes 
free  use  of  Dumont. 


HA. 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


81 


IS ;  there  is,  ac- 
captain  always 
Lves  pretty  -well 
le  beginning  of 
retty  far  inland 
be  river  is  then 
3  abundant,  but 
they  take  care 
iraes  crane  legs, 
irough  the  hot 
[y  at  this  post ; 
rarely  come  to 


ALTE. 

al,  up  the  river 
Hubert*  and  Le 

the  province. 

league  nnd  a 
doned  it  to  go 

a  place  there, 
mmissary  and 

part  chose,  a 
ned  the  most 

ic  sided  with  the 
ind  charged  him 
settlement  of  the 

which  he  makes 


excellent  spot,  where  he  raised  a  house,  whicl.  he  called  St. 
Catharine's.  He  had  a  great  idea  of  this  post  at  the  Natchez, 
so  that  when  there  was  a  talk  of  forming  a  second  establish- 
ment, he  advised  building  the  capital  there  and  making  merely 
a  depot  of  New-Orleans.  The  opinion  of  M.  do  Bienville, 
the  commandant,  prevailed ;  for  having  been  a  very  long 
time  in  the  country,  where  he  came  with  his  brother,  M, 
d'Iberville,*  the  famous  navigator,  he  was  beheved  to 
know  better  than  any  other  the  most  proper  locality  for  the 
capital  of  the  colony.  This  did  not  discourage  the  Sieur  Hu- 
bert ;  he  went  to  France  in  hopes  of  carrying  out  his  views, 
and  his  project  having  in  fact  found  favor  with  the  minister, 
he  was  about  to  return  to  Louisiana,  when  he  fell  sick  and 
died.  After  his  death  St.  Catharine's  was  sold  to  the  Sieur 
de  Koly,  and  passed  into  his  hands.f 

As  the  soil  at  Natchez  is  excellent,  many  Frenchmen, 
soldiers  and  workmen,  after  obtaining  their  discharge,  went 
and  settled  there,  and  new  dwellings  were  built.  Most  bought 
their  lands  of  the  Idnians  of  the  place,  who  lay  more  than  a 
league  and  a  quarter  from  the  river  bank,  in  five  villages 
half  a  league  apart.  That  called  the  Great  Village,  the 
residence  of  the  great  chief  of  the  tribe,  was  built  along 
a  little  river  called  "White  Kiver,  St.  Catherine's  Creek. 
"West  of  this  village  the  French  built  a  fort  on  a  hill 
and  called  it  Fort  Rosalie.:|:  It  was  merely  a  plot  twenty- 
five  fathoms  long  by  fifteen  broad,  inclosed  with  palisades, 
without  any  bastion,  Liside  near  the  gate  was  the  guard- 
house,  and   three  fathoms  off   along  the  palisade  ran  the 

*  See  Historical  Collections  of  Louisiana,  vol.  lii.,  p.  10 — 20. 

t  Sieur  de  Koly  was  afterwards  massacred  by  the  Natchez.— ffis/.  Coll.  of 
Louitiana,  vol.  iii.,  p.  155. 

X  This  fort  ("  Rosalie,")  was  built  by  Governor  Bienville  in  1716,  on  a  blufl* 
oterlooking  the  Mississippi,  the  remains  of  which  are  still  to  be  seen. 


f/1 


32 


UISTORICAL  MEMOIRS  OF  LOUISIANA. 


barracks  for  the  soldiers.  At  tho  other,  opposite  the  gate, 
a  cabin  had  been  raised  for  the  residence  of  the  commanding 
ofliccr,  and  on  the  right  of  the  entrance  was  the  powder  maga- 
zine. At  this  post  the  company  maintained  a  company  of 
soldiers,  with  an  ensign,  sub-lieutenant,  and  a  captain  to  com- 
mand. South  of  the  fort  was  another  little  Indian  tribe  called 
the  Tioux,  who  willingly  traded  with  the  French,  but  some 
years  after  abandoned  their  village  to  go  and  settle  elsewhere, 
and  before  leaving  sold  their  ground  to  one  of  the  richest  set- 
tlers in  the  country,  the  Sieur  Koussin. 

It  is  certain  that  the  ground  at  Natchez  is  the  best  that  the 
French  can  boast  of  having  in  all  Louisiana,  both  for  its 
natural  fertility  and  for  its  being  elevated,  and  thus  not  sub- 
ject to  be  covered  by  the  inundations  of  the  river.  And  this 
does  not  prevent  its  having  a  number  of  fertile  plains  and  val- 
leys. This  canton  would  be  veiy  favorable  for  the  culture  of 
the  vine,  which  would  succeed  perfectly,  as  would  tobacco, 
indigo,  Vv^hcat,  flax,  hemp,  &c.  Silk  worms,  too,  might  be 
raised,  the  forests  being  full  of  mulberries,  with  leaves  much 
larger  than  ours.  This  post  is  indeed  somewhat  removed  from 
the  water,  but  this  can  be  remedied  by  cisterns ;  it  may  too  be 
not  impossible  to  find  springs.  Besides,  the  Indians  of  that 
tribe  seemed  much  disposed  to  live  on  good  terms  with  the 
French,  as  may  have  been  remarked  from  all  that  we  have 
said.  For  some  articles  of  merchandise  they  would  serve  as 
hunters  or  even  slaves,  digging  the  ground,  or  bringing  wood, 
water,  and  whatever  was  needed.  In  fine,  this  establishment 
began  to  prosper,  and  there  was  ground  to  hope  that  it  would 
one  day  be  very  flourishing,  when  an  unfortunate  accident 
blasted  in  an  instant  these  fair  hopes,  as  we  shall  show. 


■i»\   ii'i 


iiiil 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


33 


)sitc  the  gate, 
1  commanding 
powder  maga- 
a  company  of 
ipiain  to  com- 
m  tribe  called 
ach,  but  some 
ttle  elsewhere, 
lie  richest  set- 

)  best  that  the 

,  both  for  its 

thus  not  sub- 

er.     And  this 

)lains  and  val- 

the  culture  of 

ould  tobacco, 

too,  might  be 

leaves  much 

removed  from 

it  may  too  be 

idiaus  of  that 

3rms  with  the 

that  we  have 

ould  serve  as 

ringing  wood, 

establishment 

that  it  would 

nate  accident 

.  show. 


f 


CnAPTETl   XIII. 


FORT  NAQUITOCHES. 


Fort  Naquitociies  is  situated  on  Red  River,  so  called  from 
its  sand,  Avliich  is  really  of  that  color.  It  is  called  by  Joutcl , 
in  his  map,  the  river  of  the  Oumas ;  it  is  seventy -five  leagues 
from  the  river  (Mississippi),  and  as  you  ascend  it,  it  runs 
W.  N.  W.  AFrenchpostAvas  established  there  in  1718.*  The 
fort  is  a  square  palisade,  where  a  little  garrison  is  kept  as 
a  barrier  against  the  Spaniards,  to  prevent  their  entering 
Louisiana,  In  1722,  the  commandant  of  this  post  was  the 
Sieur  de  St.  Denis,  Knight  of  St.  Louis,  and  cousin  of  the  com- 
mandant of  the  colony.  He  was  a  famous  voyageur,  who  had 
not  only  been  to  Mexico,  but  had  also  visited  almost  all  the 
Indians  of  that  great  continent,  whose  languages  he  spoke 
very  well.  lie  was,  besides,  a  good  captain  and  a  brave  soldier, 
dear  to  the  French,  beloved  by  all  the  Indians  frier  dly  to  the 
nation,  and  a  terror  to  their  enemies. 

The  ground  of  this  post  is  not  bad.  Tobacco  succeeds  pretty 
well,  except  that  it  seems  full  of  saltpetre,  which  induces  the 
belief  that  the  ground  in  that  canton  is  strongly  impregnated 
with  nitre,  and  that  very  productive  saltpetre  works  might  be 
established  there.  This  post  is  but  a  short  distance  from  some 
rocks  where  silver  mines  have  been  found.  A  Canadian  voy- 
ageur named  Bonhomme,  while  hunting  in  that  quarter,  stop- 
ped two  days  to  rest,  and  tried  some  of  the  ore ;  he  brought 

»  This  post  was  established  by  M.  Bienville.  In  1719  M.  do  la  Harpc  pro- 
ceeded with  a  detachment  of  troops  as  far  as  the  Nassonite  village,  ono  hundred 
and  fifty  leagues  above  Naquitoches,  and  established  a  fort  there,  in  about 
the  parallel  of  33°  35'  N.  lat  — o'ce  La  Harpers  Journal  in  Historical  Collections 
of  Louisiana,  vol.  iii.,  p.  69. 

8 


! 


1      .1 

li^  'i 

1             ,i 

t.         i 

I       : 

84 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


back  a  lump  as  largo  as  an  egg,  which,  though  not  well  puri- 
fied, seemed  very  good  silver.     Forty  leagues  from  this  post 
the  Spaniards  have  on  this  same    lied   River  a  post  they 
-call  the  Cado-dc-Kious,  where  La  Salle's  companions  passed 
.after  the  death  of  their  chief.* 


CHAPTER    XIV. 


THE  ARCANCAS  POST. 


This  post  is  properly  only  a  continuation  of  the  establish- 
ment formed  by  the  French  ai~nnd  the  house  whicli  Joutel 
and  his  companions  reached  in  the  month  of  July,  1687,t  ^"^^ 
where,  before  arriving,  they  perceived  a  cross  planted,  which 
consoled  them  in  their  pains  and  hardships.  From  that  time 
to  the  present  the  nation  has  always  remained  in  possession 
of  that  territory;  and  when  M.  le  Blanc  sent  men  to  take 
possession  of  the  grant  made  him  on  the  Yazoux  River,  a  hun- 
•dred  and  forty  leagues  from  the  capital,  the  little  garrison,  kept 
till  then  by  the  company  at  that  place,  retired  to  the  Arcan9as 
post,  then  commanded  by  the  Sieur  de  la  Boulayc.  There  is 
no  fort  in  the  place,  only  four  or  live  palisade  houses,  a  little 
guard-liouse  and  a  cabin,  which  serves  as  a  storehouse.  This 
French  post  was  established  as  a  stopping-place  for  those  going 
from  the  capital  to  the  Illinois. 

When  the  new  settlers  were  scattered  through  the  colony,  each 
grantee  of  a  concession  went  to  take  possession  of  the  ground 

*  It  appears  from  this  remark,  that  notwithstanding  the  settlement  made  by 
De  la  Salic,  in  Texas,  as  early  as  I68C,  the  Spaniards  continued  to  push  their 
claims  to  this  country,  and  estahlishcd  missions  throughout  Western  Texas,  as 
far  as  the  banks  of  the  Adayes,  within  a  short  distance  of  the  Naquitoches,  up 
to  1718. 

t  Sec  Joutel's  Journal  in  Historical  Collections  of  Louisiana,  vol.  !.,  p.  174. 


f 


mSTORICAL  MEMOIRS  OF  LOUISIANA. 


35 


ot  well  puri- 
■om  this  post 
a  post  they 
mions  passed 


the  cstablish- 
^vhich  Joutel 
-,  1687,t  and 
i,ntcd,  which 
in  that  time 
n  joossession 
neu  to  take 
liver,  a  hun- 
irrison,  kept 

10  Arcangas 
There  is 
uses,  a  little 
Duse.      This 

those  going 

eolonj,  each 
the  ground 

imcnt  made  by 

to  push  their 

tern  Texas,  as 

iquitoches,  up 

i.,  p.  174. 


i 


assigned  him ;  the  people  sent  by  Law  came  and  settled  about 
a  league  from  the  Arcan(;as  post  in  the  depths  of  the  woods, 
where  they  found  a  beautiful  plain  surrounded  by  fertile  val- 
leys,  and    a    little  stream  of  fine,  clear,  wholesome   water. 
This  settlement  began  to  prosper — jDavilions  were  already  erect- 
ed for  the  officers,  and  cabins  for  the  workmen,  almost  all,  as  I 
have  said,  were  Germans,  married  men ;  large  store-houses  were 
even  built,  and  every  thing  seemed  to  promise  that  it  would  soon 
become  flourishing,  when  those  who  composed  it,  learning  the 
fall  of  their  patron,  disbanded.     Most  of  them  abandoned  the 
post  a^id  returned  to  the  capital,  intending  to  cross  over  to 
Europe  ;  but  the  council  of  the  country  opposing  this  design, 
they  chose  a  place  ten  leagues  from  New-Orleans,  where  each 
one  settled  on  his  own  account.     This  place,  now  called  the 
German  coast,  was  commanded,  when  I  left  Louisiana,  by 
the  Sieur  d'Arensbourg  ;*  the  ground  was  very  well  cultivated 
by  the  new  settlers,  who  were  by  no  means  indolent,  and  this 
place  may  be  considered  the  garden  of  the  capital. 

In  1721,  some  visionaries  having  assured  the  company  that 
there  was  an  cm.erald  rock  on  the  Arcangas  Eiver,  Captain  de 
la  Ilarpe  was  sent  to  look  for  it.  He  had  with  him  a  detach- 
ment of  twenty-two  men,  with  the  Sieur  de  Franchomme  as 
lieutenant,  and  one  Bessan  for  sergeant,  and,  as  I  was  then  at  the 
Yasoux  as  lieutenant  and  engineer,  he  took  me  along  as  math- 
ematician. We  ascended  the  river  for  more  than  two  hundred 
and  fifty  leagues,  without  being  able  to  discover  this  pretend- 
ed treasure,  probably  because  it  existed  only  in  imagination ; 
we  even  advanced  nearly  fifty  leagues  further  by  land  into  the 
country,  till  complaints  arising  in  the  troop,  the  Sieur  de  la 

*  This  distinguished  Swedish  officer  was  sent  out  to  Louisiana  in  1722,  at 
the  head  of  250  Germans,  by  the  famous  John  Law.  His  sword  is  still  in  the 
hands  of  his  descendants  in  Louisiana. — Gayarrc. 


«■■ 


,>' 


ill?'  '''i^'-^' 


36 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


Ilarpc,  who  apprehended  a  fate  similar  to  La  Salle's,  resolved 
to  retrace  his  steps  and  return  to  the  capital.  If,  in  this  exjie- 
dition,  we  had  not  the  good  fortune  to  discover  the  emerald 
rock,  which  gave  it  rise,  we  had  the  satisfaction  of  traversing 
a  very  beautiful  country,  fertile  plains,  vast  prairies  covered 
with  buffalo,  stags,  does,  deer,  turtles,  Sjg.  "Wc  saw  rocks  of 
jaspar  marble,  at  the  foot  of  which  lays  slabs  cut  by  nature's 
hand,  others  of  slate  and  talc,  very  fit  for  making  plaster.  I 
have  no  doubt  there  arc  gold  mines  in  the  country,  as  we  dis- 
covered a  little  stream  which  rolled  gold  dust  in  its  waters. 
At  some  distance  from  this  stream  in  tL^  ArcauQas  River  itself 
is  a  salt  spring,  though  it  is  nearly  three  hundred  leagues  from 
the  sea.  With  care  and  labor  it  would  undoubtedly  furnish 
salt. 


CHAPTER   XV. 


THE  ILLINOIS  FORT. 


It  seems  almost  unnecessary  to  speak  here  of  this  fort, 
which  has  been  called  Fort  St.  Louis,  as  a  description  of  it 
may  be  found  in  the  Journal  of  the  Sieur  Joutel.*  Neverthe- 
less, I  deemed  it  not  unnecessary  to  remark,  that  since  the 
time  when  that  author  passed  through,  that  is,  1687,  the  ap- 
pearance of  the  post  has  greatly  changed.  Instead  of  the 
then  existing  fort,  of  mere  logs  and  palisades,  there  is  now 
one  of  stone,  well  fortified,  containing  fine  barracks  and  store- 
houses, Vv'ith  a  very  convenient  house  for  the  commandant. 
It  has  a  pretty  good  garrison,  many  settlers,  both  French  and 


J     I 


!!!' 


( 
■li 


*  Sec  Joutel's  Journal  in  HistoricalCollcctions  of  Louisiana,  vol.  i.,  p.  183. 


k. 


lUSTOKlCAL  MEMOIRS  OF   LOUISIANA. 


87 


sallc's,  resolved 
If,  in  this  cxpe- 
jr  the  emerald 
1  of  traversing 
rairies  covered 
e  saw  roeks  of 
;ut  by  nature's 
;ing  plaster.  I 
itry,  as  we  dis- 
It  in  its  waters. 
Qas  River  itself 
d  leagues  from 
abtedly  furnish 


e  of  this  fort, 
escription  of  it 
1.*  Ncverthe- 
that  since  the 
,  1687,  the  ap- 
nstead  of  the 
there  is  now 
icks  and  store- 
commandant, 
ih  French  and 


Canadian,  and  a  large  and  beautiful  church,  served  by  the 
Ueverend  Father  Jesuits,  who,  by  their  zeal  for  the  i)ro])aga- 
tion  of  the  faith,  their  preaching  and  good  example,  have 
succeeded  in  converting  almost  all  the  Illinois  Indians  to 
Christianity.  These  tribes  now,  in  fixct,  form  but  one  nation 
with  the  Canadians  and  French,  and  intermarriages  daily  take 
place  between  them. 

The  winter  here  is  very  severe ;  the  river  St.  Louis  is  some- 
times frozen  so  hard  that  you  can  cross  boldly  on  foot  from 
one  side  to  the  other.  In  1719,  a  mining  company,  com- 
manded by  the  Sieur  Ecnault,  was  sent  there  to  work  at  the  sil- 
ver and  lead  mines,  and  it  is  certain  that  some  were  oj^ened. 
The  enterprise  was  subsequently  abandoned,  for  what  reason 
we  know  not.  On  the  whole,  they  grow  as  good  wheat  here  as 
in  France,  and  voyageurs  bring  down  cargoes  every  year  to 
the  capital,  where  it  sells  at  ten  francs  a  quintal.  They  also 
bring  excellent  hams.  Beaver  are  plenty  in  that  country,  and 
a  kind  of  little  water-rat,  which,  I  was  told,  produced  musk, 
though  I  would  not  vouch  for  it.  In  1736;  the  Sieur  Dar- 
taguette  commanded  at  this  post,  which  is  500  leagues  from 
the  capital,  and  lies  in  lat.  45  deg.  N.,  long.  276  deg. 


CHAPTEIl    XVI. 

THE  MISSOURI  POST. 


As  it  was  known  that  the  company  in  France  readily  favor- 
ed any  proposition  made  for  the  advancement  of  the  colony 
of  Louisiana,  an  officer  represented  that  it  would  be  advan- 
tageous to  form  a  post  on  the  river  of  the  Missouri  s,  in  the 
vicinity  of  an  Indian  tribe  of  that  name.     This  project  was 


88 


IIISTORlCAri   MEMOIHS  OF   LOUFSIANA. 


i 


approved,  ho  was  named  conunaiulant  of  the  new  post,  re- 
paired to  New-Orleans,  showed  his  orders,  received  three  boat- 
loads of  provisions  and  necessaries  for  the  execution  of  liis 
plan,  and  some  soldiers,  to  act  first  as  boatmen,  then  as  garri- 
son of  the  fort  he  was  to  build.  They  sailed  up  in  1720,  and 
on  arriving  were  well  received  by  the  Missouris,  who  gave 
them  a  suitable  site  for  the  new  establishment.  A  i)alisadc 
fort  was  at  once  thrown  up,  with  a  cabin  within  for  the  com- 
mandant and  officers,  and  another  for  the  soldiers'  barracks. 

All  went  on  peaceably  at  the  new  post,  where  they  lived  in 
perfect  harmony  with  the  Indians,  when  the  commandant, 
who  had  formerly  rambled  much  in  those  parts,  and  spoke 
heir  language  very  well,  endeavored  to  persuade  some  of 
them  to  go  with  him  to  France,  where  he  told  them  he  would 
show  them  everything  fme.  At  the  same  time  he  told  a  thou- 
sand wonderful  stories  of  that  country,  so  that  by  dint  of 
presents  and  promises  he  succeeded  in  getting  eleven  to  follow 
him,  with  the  great  chief's  daughter,  who  was,  it  was  said,  his 
mistress.  The  voyage  being  thus  decided  on,  the  command- 
ant embarked  in  some  piraguas  with  these  twelve  Indians,  and 
a  sergeant  named  Dubois,  leaving  his  lieutenant  in  command 
of  his  fort  and  garrison ;  then  descending  the  nver  St.  Louis, 
they  landed  at  New-Orleans,  whence,  after  some  days'  rest, 
they  embarked  for  France.  No  sooner  had  they  arrived  than 
the  commandant  proceeded  tvith  them  in  all  haste  to  court, 
where  they  were  presented  to  the  king ;  thence  they  were 
taken  to  the  Bois  de  Boulogne,  where  they  hunted  a  stag  in 
their  way,  that  is,  by  running.  In  a  word,  they  pleased  the 
court.  They  then  appeared  at  Paris,  and  danced  Indian 
dances  at  the  Italian  theatre.  The  girl  became  a  Christian, 
and  was  baptized  at  Notre  Dame,  after  which  Sergeant  Dubois 
married  her,  and  in  consequence  of  this  alliance  was  made  an 


I  AN  A. 


HISTORICAL   MEMOIRS  OF  LOUISIANA. 


39 


he  new  ])ost,  re- 
joivcd  three  boat- 
execution  of  his 
en,  then  as  garri- 
np  in  1720,  and 
souris,  who  gave 
icnt.     A  palisade 
liin  for  the  com- 
liers'  barracks, 
ere  they  lived  in 
he  coniinandant, 
parts,  and  spoke 
3rsuade  some  of 
I  them  he  would 
e  he  told  a  thou- 
that  by  dint  of 
eleven  to  follow 
,  it  was  said,  his 
,  the  command- 
Ive  Indians,  and 
ant  in  command 
nver  St.  Louis, 
ome  days'  rest, 
icy  arrived  than 
haste  to  court, 
encc  they  were 
.unted  a  stag  in 
:cy  pleased  the 
danced  Indian 
me  a  Christian, 
ergeant  Dubois 
3  was  made  an 


ofTiccr,  and  commandant  of  tlie  Missouris.  What  advantages 
could  not  now  be  expected  from  the  conversion  of  tlie  great 
chiefs  daughter,  and  her  marriage  with  a  Frenchman  !  She 
received  presents  from  all  tlic  ladies  at  court,  and  from  the 
king  himself;  nor  were  her  Indian  companions  forgolten — they 
all  received  fine  blue  coats,  trimmed  with  gold,  and  laced  hats. 
In  fine,  they  set  out  very  well  satisfied,  and  repairing  to 
L'Orient,  embarked  to  return  home.  As  for  the  conmiandant, 
who  had  brought  them,  he  remained  in  France,  where  he  had 
just  been  made  a  knight  of  St.  Louis,  and  afterwards  married 
a  very  rich  widow. 

The  voyage  of  Af.  and  Mme.  Dubois  and  their  suite  to 
America  was  a  very  prosperous  one ;  all  arrived  in  good 
health  at  New-Orleans,  and  while  they  remained  there  to  rest, 
were  supported  at  the  expense  of  the  company,  which  also 
furnished  them  a  boat,  with  soldiers  and  boatmen,  to  carry 
them  to  their  village.  On  their  way  they  passed  to  the 
Natchez,  then  to  the  Arcangas,  and  at  last  arrived  at  the  ]\Iis- 
souris.  What  joy  for  those  Indians  to  sec  once  more  their 
countrymen,  whom  they  had  given  up  for  lost,  and  see  them 
return  rich,  and  loaded  with  presents  !  On  their  arrival  there 
"were  dances  and  games  in  all  the  village.  Mme.  Dubois  re- 
mained at  the  fort,  and  went,  from  time  to  time,  to  visit  her 
family.  But,  cither  because  she  did  not  love  her  husband,  or 
that  her  own  people's  way  of  living  suited  licr  better  than  the 
French,  the  boats  which  brought  them  had  scarcely  left,  when 
the  Indians  massacred  the  Sicur  Dubois  and  butchered  the 
whole  garrison,  not  one  escaping;  after  which  Madame  Dubois 
renounced  Christianity,  and  returned  to  her  former  mode  oi 
life,  so  that  the  post  no  longer  exists. 


|ilM-.'.''.-!C.'SHI«i 


40 


llISTOmCAIi   MKMOIRS  OF   LOUISIANA. 


CUAPTEK   XVII. 


FORT  MOHILE. 


Ml 


l|»'  .l:|!n|( 


iIImLo'II 


I  iiAVK  now  only  to  speak  of  Fort  Louis  do  la  Mobile,* 
built  by  the  French  on  a  river  of  that  name,  which  empties  in 
tl^  bay  opposite  Dauphin  Island.  The  fort,  -which  is  only 
fifteen  or  sixteen  leagues  from  that  island,  is  built  of  brick^ 
and  fortified  by  four  bastions,  on  Vauban's  system,  with  half- 
moons,  a  good  ditch,  a  covered  way  and  glacis.  It  contains  a 
storehouse,  barracks  for  the  nunicrous  garrison  always  kept 
up  here,  and  a  pavilion  for  the  commandant,  who  was,  in 
1735,  the  Sieur  Diron  Dartaguctte,  royal  lieutenant  of  the 
province. 

I  confess  that  I  do  not  understand  Avhy  this  fort  was  built, 
nor  of  what  utility  it  can  be  ;  for  though  it  is  a  hundred  and 
twenty  leagues  from  the  capital,  descending  the  river,  yet  all 
that  is  needed  for  the  support  of  the  garrison  must  be  brought 
from  there,  so  poor  and  sandy  is  the  ground  on  which  it 
stands,  producing  only  fir  and  pine,  and  a  few  vegetables,  by 
no  means  of  the  best.  There  art,  consequently,  very  few  set- 
tlers there.  The  only  advantage  enjoyed  by  the  post  is  a 
mild  and  healthy  climate,  and  a  facility  for  trading  with  the 
Spaniards,  who  arc  quite  near.  The  winter  is  not  very  severe, 
and  is  the  most  convenient  season,  as  game  is  then  abundant. 
In  summer,  however,  the  heat  is  excessive,  and  while  it  lasts 
they  live  only  on  fish,  which  is  very  plentiful  on  the  coast 
and  in  the  rivers. 

*  The  first  fort  of  Louis  dc  la  Mobile  was  built  at  the  mouth  of  Dog  River, 
in  1702,  where  the  remains  of  it,  with  some  iron  cannon,  was  seen  by  Bartrara 
the  botanist,  in  1777.  This  site  was  afterwards  abandoned,  and  another  selected 
in  1711,  by  the  French  commandant,  at  the  mouth  of  Mobile  river,  where  the 
city  is  now  built. 


A. 


HISTORICAL  MEMOIIIS  OP'  LOUISIANA. 


41 


.0  la  Mobile,* 

ieli  oiniitics  in 

vhicli  is  only 

xiilt  of  brick, 

jm,  with  liull*. 

It  contains  a 

always  kept 

who  was,  in 

tenant  of  the 

3rt  was  built, 
hundrccl  and 
river,  yet  all 
t  be  brought 
on  Avhich  it 
2gctablca,  by 
k^cry  few  set- 
ic  j-jost  is  a 
ug  with  the 
verv  severe, 
n  abundant, 
hile  it  lasts 
u  the  coast 


of  Dog  River, 
en  by  Bartram 
lother  selected 
vcr,  where  the 


Such  arc  in  general  the  French  posts?,  first  established  by 
the  nation,  and  manned  by  our  troops.  A  new  (jno  was  sub- 
sequently Ibrtned  at  Pointe  Coupee,  of  which  1  will  speak 
hereafter.     I  now  return  to  the  alltdrs  at  the  ca])itul. 


-si- 

'I 


CHAPTER    XYIII. 

ARRIVAL    OF    THE    ROYAL    COMMISSARIES    AT   PiEW-ORLEANS—ESTAB- 
LISHMEjyr  OF  A  COljyvlL  IN  THAT  CAPITAL. 

While  the  colony  was  thus  endeavoring  to  extend  and 
plant  itself  firmly  in  the  province  of  Louisiana,  by  forming 
different  posts  and  establishments,  the  capital  daily  increased 
by  the  number  of  new  settlers,  who  came  and  took  sites 
to  build.  At  first,  as  I  have  said,  very  neat  wooden  houses 
were  raised,  brick  was  then  used,  but  in  general  all  are  built 
stir  sole.  In  a  word,  New-Orleans  began  to  assume  the  ap- 
pearance of  a  city,  and  to  increase  in  population,  when  two 
commissaries  of  the  king  arrived  in  1722,  sent  by  his  majesty 
to  dispense  justice.  They  had  left  Franco  in  the  ship  Venus, 
which  anchored  at  Sliip  Island,  where  a  boat  took  the  two 
commissaries  on  board,  and  brought  them  to  the  Bayou  St. 
John,  whence  they  came  on  foot  to  the  city,  and  made  their  en- 
trance, accompanied  by  two  Capuchin  Fathers.  Their  coming 
being  unexpected,  occasioned  considerable  surprise.  The  two 
commissaries  were  the  Sicurs  du  Sausoy  and  De  la  Chaise.* 
As  soon  as  they  reached  their  residence,  which  was  merely  a 

*  Do  la  Chaise  was  the  nephew  of  the  celebrated  Jesuit  Father  of  that  name. 
He  was  sent  by  the  India  company,  in  1723,  to  exercise  inquisitorial  powers 
over  the  affairs  of  Louisiana,  and  to  report  outhe  conduct  of  the  administrators 
of  the  colony  to  government. — Gayarre. 


m 


42 


niSTOEICAL  MEMOIRS  OF  LOUISIANA. 


1  I 


'n,,:4. 


:'l;iilii' 


'i'iiii 


■wooden  house,  built  with  boards  on  the  sides,  and  a  roof 
of  cypress  bark,  they  received  the  felicitations  of  the  com- 
mandant-general of  the  country  and  his  whole  staff;  after 
which  they  immediately  entered  on  the  duties  of  their  office. 
It  is  useless  here  to  detail  the  innumerable  complaints  then 
brought  before  the  tribunal ;  it  is  enough  to  state,  to  their 
credit,  that  they  administered  justice  to  all  with  most  perfect 
impartiality.  Among  the  rest  the  soldiers  of  the  Yazoux  gar- 
rison, wlierc  M.  Ic  Blanc  and  his  associates  had  an  establish- 
ment, felt  its  effects,  for  on  their  representation  of  the  vex- 
ations, injustice,  and  monopoly  practised  by  their  commander 
towards  them,  they  were  not  only  reimbursed  by  a  fine,  which 
that  officer  was  compelled  to  pay  them,  but  he  even  had  the 
mortification  of  being  broken.  In  a  word,  all  the  colonists 
blessed  God  and  his  majesty  for  the  arrival  of  the  commissa- 
ries, and  though  their  joy  was  damped  by  the  death  of  one, 
the  Sieur  de  Sausoy,  who  was  carried  off  by  the  spotted  fever, 
after  an  illness  of  three  days,  they  were  consoled  by  the 
health  of  the  other,  whose  impartiality  never  wavered,  and 
who,  from  Eoyal  Commissary  became  Ordonnateur  of  the 
Council,  enabled  them,  till  his  death,  to  enjoy  the  benefit  of 
his  equity. 

Soon  after  the  arrival  of  the  royal  commissaries,  the  Galatee 
anchored  before  the  capital,  bringing  from  France  several  per- 
sons, intended  to  form  the  council  about  to  be  established. 
The  chief  were  the  Sieurs  de  Brusle,  Perry,  Fazende,  and 
Flcuriau,  the  last  of  whom  was  both  councilor  and  attoruey- 
general.  In  the  course  of  time  some  others  arrived,  so  that 
insensibly  the  council  filled  up.  Then  nothing  was  wanting 
in  the  city  but  a  lieutenant  of  police,  who  is  absolutely 
necessary. 


M 


n.i) 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


48 


i 


CEAPTEE   XIX. 

FIRST    INDIAN    HOSTILITIES     AGAINST    THE    FRENCH— A    PARTY    OF 
CHICKASAfrS  SURPRISES, A  FRENCH  CABIN. 

It  was  about  tins  time,  that  is,  1722,  that  Indian  hostilities 
broke  out  against  tlic  colonists.  A  hundred  and  sixty  leagues 
from  the  mouth  of  the  river  St.  Louis  is  a  river  called  Yasoux, 
where  ]\I.  le  Blanc  and  his  associates  had,  as  I  have  said,  a 
concession  lying  five  leagues  above  the  mouth  of  that  river. 
The  post  was  very  prettily  situated,  and  a  fort*  had  been  built 
to  defend  it  against  tlie  Indians.  However,  two  sergeants  of 
the  garrison  chose  grounds  in  the  neighborhood,  which  they 
improved  on  their  own  account,  and  even  built  cabins,  where 
they  persisted  in  sleeping,  in  spite  of  numerous  warnings  that 
some  accident  might  befall  them,  thus  out  of  the  fort  at  night. 

This  misfortune  happened  but  too  soon  for  Sergeant  Eiter, 
one  of  the  two,  whose  cabin  was  the  more  distant  from  the 
fort,  and  lay  on  a  rising  ground.  While  sleeping  there  one 
night  with  his  wife,  and  a  sou  some  fifteen  or  sixteen  years 
old,  a  party  of  ten  or  twelve  Indians  glided  noiselessly  by  the 
clear  moonlight  into  his  cabin,  the  door  of  which  was  closed 
by  a  mere  curtain.  They  did  not  get  in  so  quietly  as  to  avoid 
awakening  the  sergeant ;  he  immediately  put  his  hand  out  of 
bed,  and  seized  liis  gun,  and  after  calling  several  times,  "Who 
goes  there  ?"  tried  to  fire  when  he  received  no  answer ;  but, 
unfortunately,  of  seven  or  eight  guns  tliat  he  had,  he  had 
chosen  the  only  one  unloaded,  so  that  the  Indians  seeing  his 
arras  useless,  sprang  on  him  before  he  had  time  to  change. 


*This  fort  was  called  St.  Peter's.  A  short  distance  above  the  fort  were  the 
villngcs  of  the  Coroas,  Offegoulas  and  Oatsccs,  built  upon  mounds  artificially 
made. — Historical  Collections  of  Louisiana,  vol.  iii.,  p.  05. 


m 


\!m 


•■"■'^ 


■Jt'ilili'HIIW 


't'''^^'M'\ 


li 


*''li::i! 


!!l!! 


44 


HISTORICAL  JIEMOIRS  OF  LOUISIANA. 


dragged  liiin  out  of  bed  to  the  middle  of  his  cabin,  scalped 
him,  and  gave  liim  in  the  back  a  blow,  with  a  kind  of  toma* 
hawk,  (casse  tete  li  fleur  de  lys,)  which  went  right  through  him. 
While  some  were  engaged  in  treating  the  poor  fellow  thus, 
others  seized  his  Avife,  and  took  her  out  of  the  cabin  to  a  ra- 
vine, intending  to  carry  her  oft*  to  their  village  as  a  slave. 
Meanwhile  the  sergeant's  son,  awakened  by  the  noise,  got  up 
in  his  shirt,  and  reaching  the  door,  made  for  the  fort,  crying 
with  all  his  might  for  help.  One  of  the  Indians  perceiving  iti 
pursued  him  and  wounded  him  with  an  arrow,  Avhich  went 
through  his  wrist.  The  boy  fell,  and  the  Indian  sprang  on 
him  to  scalp  him,  but  as  his  skin  was  too  tender  and  delicate 
to  undergo  the  operation,  it  came  off  in  strips  ;  he  then  tried 
to  cut^iis  throat,  but  fortunately  only  cut  the  skin.  During 
all  this  cruel  mangling  the  poor  boy,  cither  because  he  had 
fainted  or  pretended  death,  uttered  no  cry ;  this  saved  his 
life,  for  the  Indian,  supposing  that  he  had  killed  him,  left  him 
weltering  in  his  blood,  and  returned  to  the  cabin. 

On  the  other  side,  the  sergeant's  wife,  when  led  to  the  ravine, 
seeing  herself  guarded  only  by  two  Indians,  and  believing  her 
husband  and  son  both  massacred  by  the  savages,  resolved  to 
avenge  their  death  and  expose  herself  to  the  fury  of  their 
murderers,  rather  than  be  carried  off  a  slave.  While  leaving 
the  cabin  she  had  caught  up  a  wood-cutter's  knife,  which  she 
slipped  up  the  sleeve  of  her  chemise.  At  a  moment  when  her 
guards  least  expected  it,  she  drew  it,  and  dealt  one  so  furious  a 
blow  that  he  fell  dead  at  her  feet ;  she  drew  it  out  and  struck 
the  other,  but  less  successfully,  giving  him  only  a  deep  wound. 
At  his  cry,  his  companions  ran  up,  and  the  brave  woman  fell, 
pierced  with  arrows. 

This  expedition  was  not  gone  through  so  quietly  as  not  to 
awake  Sergeant  Desnoyers.  who  was  asleep  in  his  cabin,  only 


1 


I 

I 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


45 


a  sliort  distance  from  the  scene  of  this  bloody  tragedy.  lie 
arose,  and  hearing  a  noise  near  liitcr's  cabin,  fired  a  musket, 
which  alarmed  the  fort.  A  party  of  armed  soldiers  immedi- 
ately ran  out,  and  on  the  way,  found  the  sergeant's  son,  whom 
two  carried  back  to  the  guard-house.  Meanwhile,  the  musket 
which  had  been  a  signal  for  the  soldiers  to  sally  out,  had 
warned  the  Indians  to  decamp ;  they  did  so  instantly,  carry- 
ing off  all  they  could  from  the  cabin.  When  the  soldiers  got 
there,  they  found  the  poor  sergeant  on  the  ground  stripped 
even  of  his  shirt,  and  weltering  in  the  blood  which  flowed 
from  his  wounds.  They  put  him  on  a  litter,  and  carried  him 
to  the  fort  to  the  guard-house,  where  his  son  was.  The  latter, 
seeing  the  eagerness  of  M.  Bailly,  the  surgeon,  to  dress  his 
father's  wounds  in  spite  of  the  state  he  was  in,  could  not  but 
exclaim:  "  Alas!  help  me  first,  my  father  is  old,  and  cannot 
get  over  it,  while  I  am  young  and  may  escape."  The  com- 
mandant of  the  fort  would  not  let  the  surgeon  probe  their 
wounds  nor  apply  any  remedy,  intending  to  be  their  Escula- 
pius  himself  He  had  a  kind  of  flesh-colored  stone  about  the 
size  of  a  nutgall,  which  he  put  for  some  time  in  warm  water, 
till  it  had  colored  it ;  then,  with  this  water,  he  syringed  the 
wounds  of  both,  and  bound  them  up,  and  then,  without 
removing  the  bandages,  wet  them  with  the  same  water  every 
five  hours.  In  a  week  both  were  perfectly  cured,  having 
nothing  left  of  their  wounds  but  the  scars.  The  surgeon  had 
no  hand  in  this  cure  but  the  sewing  up  of  the  boy's  throat. 

Meanwhile,  the  detachment  which  had  left  the  fort  was 
in  pursuit  of  the  Indians,  but  with  all  their  efforts  could  not 
overtake  them.  They  were,  too,  overtaken  by  a  storm  and 
violent  rain,  which  made  them  come  back  much  quicker  than 
they  had  gone.  On  the  way  the  soldiers  found  many  things 
taken  from  the  sergeant's  cabin,  as  stoves,  kettles,  &c.,  which 


>  ■  A 


46 


mSTORICAL  MEMOIRS  OF  LOUISIAifA. 


f   ■  :t 


I' 


itlllllii 


.'ii 
i 

lli  : 


the  Indians  liaJ  thrown  down  on  the  way.  They  also  found 
several  carved  sticks  scattered  here  and  there  on  the  ground, 
which  showed  that  a  Chickasaw  party  had  struck  the  blow. 
Sergeant  Eiter's  wife  was  also  found,  and  near  her  the  body  of 
the  Indian  whom  she  had  killed  with  her  own  hand ;  but  both 
bodies  had  been  scalped  by  the  Indians  before  their  departure, 
leave  no  trophy  to  their  enemies. 

There  was  then  an  Illinois  in  the  fort,  who,  seeing  the 
French  return  without  overtaking  the  enemy,  undertook  to 
avenge  the  blow.  He  asked  the  concession  store-keeper  for 
some  powder  and  lead,  and  having  got  it,  set  out,  and  returned 
three  days  after  with  three  scalps,  which  he  had  taken  from 
three  Indians  whom  he  had  killed  in  their  way,  that  is,  while 
asleep  or  off  their  guard.  Of  these  three,  one  was  the  Indian 
wounded  by  Sergeant  Eiter's  wife ;  and  the  others,  two  com- 
panions assigned  to  accompany  him  and  help  him  to  walk. 
The  Illinois  was  rewarded  for  his  bravery,  and  seemed  quite 
satisfied  with  the  presents,  which  he  received  on  that  occasion. 

About  a  fortnight  after  this  sad  accident,  which  happened 
on  Whitsun-eve,  there  came  to  the  fort  either  the  very  Indians 
who  had  struck  so  treacherous  a  blow,  or  others  of  the  same 
tribe,  bringing  the  calumet  and  presents  to  the  commandant. 
They  were  very  well  received,  and  were  even  shown  the  sergeant 
and  his  son,  but  either  from  the  shock  of  such  a  visit,  or  from 
his  wound  opening  at  the  approach  of  his  assassins,  he  was 
taken  with  a  violent  fever  which  carried  him  off  three  days 
after.  His  son  escaped,  and  by  the  protection  of  the  illustrious 
master  in  whose  concession  he  served,  obtained  entrance  into 
the  Invalides  the  next  year. 


!ii  ^ 


!ll'lii'i|lj||j 


HISTORICAL  MEMOIKS  OF  LOUISIANA. 


47 


CHAPTEE   XX 


ONE  OF    THE  DIRECTORS   OF  THE    CONCESSION  OF   ST.    CATHARINE'S 
WOUNDED  BY  THE  NATCHEZ, INDIANS. 

This  act  of  hostility  on  tlio  part  of  the  Chickasaws  was  soon 
after  followed  by  anotlicr  accident,  wliicli  showed  that  the 
Natchez  were  not  better  disposed  towards  us.  The  establish- 
ments formed  among  the  Indians  of  that  name  were  not  got 
up  in  the  same  way  as  in  the  other  cantons  of  the  province, 
where,  on  choosing  a  site  at  pleasure,  it  sufficed  to  present 
a  petition  for  it  to  the  council,  who  never  failed  to  sign  it, 
after  inserting  certain  clauses :  this  act  supplied  the  place  of  a 
contract  of  sale,  and  was  a  title  for  lawful  possession  of  the 
lands  ceded. 

On  the  contrary,  those  who  first  settled  at  Natchez  bought 
the  ground  they  intended  to  occupy  of  the  Indians  actually  on 
the  spot,  who,  by  this  trade,  became  attached  to  the  French, 
and  friendly  towards  them. 

Things  were  in  this  state  when  the  inconstancy  or  malignity 
of  these  Indians  gave  rise  to  an  event,  productive  in  its  results 
of  very  sad  consequences.  It  may  be,  too,  that  the  Sieur 
Guenot  drew  on  himself  the  misfortune  which  happened ;  at  all 
events,  it  was  suspected  that  he  was  attacked  only  because  he 
he  had  in  some  way  offended  the  Natchez  Indians  of  the  White 
Apple  Village.  He  was  one  of  the  directors  of  the  concession 
of  St.  Catharine's,  and  one  day,  when  he  had  been  to  dine  with 
the  commandant  of  Fort  Eosalic,  he  was  wounded  in  the 
right  arm  by  a  musket-ball  fired  at  him  by  an  Indian,  as 
he  was  crossing  a  wood  on  his  way  home.  Happily  the 
wound  did  not  prostrate  him ;  he  pushed  on  and  reached  the 


ij 


48 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


ii 


'! 


ill         H  ,  ';  i|: 


:i  vim' 


I'll 


m 


iii; 


concession,  where  the  Sieur  de  St.  Ililairc,  the  surgeon,  gave 
it  a  first  dressing. 

The  Indians  on  tlieir  side,  vexed  at  having  missed  their 
blow,  turned  all  their  fury  against  another  Frenchman,  a 
soldier  in  the  garrison,  by  name  La  Rochelle,  who  lived  in  an 
isolated  cabin  a  short  distance  from  the  fort,  and  who,  believing 
that  he  had  nothing  to  fear  from  the  Indians,  had  even 
neglected  to  close  it  by  a  door.  One  night  while  he  was 
asleep,  they  entered,  killed  and  scalped  him. 

The  French  needed  no  more  to  see  that  the  Indians  had 
declared  war  against  them.  Guenot,  justly  apprehensive  of 
falling  into  their  hands,  abandoned  his  house  and  returned  to 
the  capital,  both  to  avoid  a  worse  mishap  and  to  have  his  wound 
cared  for.  It  was  in  a  good  way  and  gave  hopes  of  a  speedy 
and  perfect  cure,  but  refusing  to  follow  the  surgeon's  advice, 
to  mortify  his  inclination  and  avoid  drinking,  gangrene  set  in 
and  he  died. 

The  commandant-general  of  the  country  was  no  sooner 
informed  of  these  two  acts  of  hostility  committed  by  the 
Natchez  Indians,  than  he  resolved  to  avenge  them.  For  this 
purpose  ho  ordered  a  number  of  troops  to  embark  in  four  boats 
imder  the  Sieur  Paillou,  who  was  acting  major-general  in  the 
colony.  This  little  army  reached  Natchez,  and  was  preparing 
to  attack  the  Indians,  when  the  Stung-Serpcnt,  then  great 
chief  of  the  nation,  came  to  present  the  peace  calumet  to  the 
general,  and  in  a  harangue,  assured  him  that  he  ought  not  to 
attribute  the  acts  of  hostility  complained  of  to  the  Indians  of 
the  Great  Village,  nor  those  of  Flour  Village,  but  to  those  of 
Apple,  Jenzcnaque,  or  Gray  Village.  That  besides  the  Indian 
who  had  committed  the  deed  had  lost  his  sense  when  he  did 
it,  that  is,  was  drunk,  and  was  not  now  in  the  village ;  that  on 
the  whole  his  people  were  friendly  and  well  inclined  to  the 


I 


■;1 

1 


■m 
f 


i. 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


40 


lurgeon,  gave 

missed  tlieir 
'rcncliraan,  a 
10  lived  in  an 
rbo,  believing 
IS,  had  even 
vhile  he  was 

Indians  had 
Drehcnsive  of 
d  returned  to 
,ve  his  wound 
s  of  a  speedy 
peon's  advice, 
ngrene  set  in 

as  no  sooner 

tted  by  the 

m.     For  this 

:  in  four  boats 

eneral  in  the 

as  preparing 

then  great 

umet  to  the 

jught  not  to 

ic  Indians  of 

to  those  of 

s  the  Indian 

hen  he  did 

age ;  that  on 

ined  to  the 


French,  so  that  it  was  useless  to  come  and  declare  war  upon 
them ;  that  liis  nation  did  not  wish  a  war  with  the  French,  and 
that  he  asked  for  peace. 

The  Sicur  Paillou,  learning  from  the  people  of  St.  Catharine's 
that  the  blow  had  in  fact  been  struck  by  the  Indians  of  White 
Apple  Village,  replied  to  the  Great  Chief,  by  Sieur  Papin,  the 
interpreter,  that  he  liked  his  reasons,  which  appeared  just  and 
legitimate,  but  that  it  cost  a  good  deal  to  cure  the  wounded 
Frenchman,  and  that,  if  he  wished  peace,  it  was  but  right  he 
should  pay  something  as  a  compensation.  The  Stung-Serpent 
agreed ;  he  taxed  the  three  villages,  White  Apple,  Jcnzenaque 
and  the  Grays,  to  furnish  a  certain  quantity  of  poultry  per 
cabin,  which  were  all  brought  in.  As  soon  as  they  were  put  in 
the  boats  the  troops  re-cmbarked  and  returned  to  the  capital. 
Thus  ended  the  first  expedition  in  a  composition,  which  they 
preferred  making  with  Indians,  who  still  seemed  to  prefer  their 
friendship  to  running  the  risk  of  an  uncertain  war. 


CHAPTER    XXI. 

COSTINUATlOrf  OF  INDIAN  HOSTILITIES.— THE   COMMANDANT  MARCHES . 

AGAINST  THEM. 

This  peace  was  not  of  long  duration ;  and  I  may  almost  say 
that  the  French  general  and  his  troops  were  scarcely  at  the 
capital,  when  the  Indians  resolved  to  repay  themselves  for 
so  much  poultry  furnished  against  their  will.  This  time 
indeed  they  did  not  go  so  far  as  to  attack  the  French  in  person, 
but  they  ravaged  St.  Catharine's  concession,  killing  the  cattle 
and  even  the  horses  belonging  to  it,  when  they  found  any. 


ni 


■is 


m 
1 


50 


HISTORICAL  MEMOIRS  OF  LOUISIANA, 


11'-    ^ 


il,  .li 


r      .l.:.^ll 


.1 


,,,;  • .-,  ■  m. 


This  settlement  liad  none  to  defend  it  but  a  small  number  of 
workmen  and  some  negroes ;  so,  seeing  themselves  daily  ex. 
posed  to  the  persecution  of  the  White  Apple,  Jenzenaque  and 
Gray  Indians,  they  applied  to  the  commandant-general  of  the 
country,  begging  him  to  take  them  under  his  protection  and 
defend  them  against  these  outrages  of  the  Indians.  That 
officer,  wishing  to  establish  order,  resolved  to  go  to  the  spot  in 
person  ;  he  chose  of  the  colony  such  troops  as  seemed  best  to 
accompany  him,  armed  five  boats  and  some  piraguas,  and,  set- 
ting out  about  the  middle  of  October,  reached  Natchez  at  the 
end  of  the  month.  On  its  way  up  the  St.  Louis  this  little 
army  stopped  four  days  at  the  Tonicas,  whose  chief,  a  Chris- 
tian and  a  good  warrior,  joined  the  French  with  a  party  and 
followed  them  in  the  war. 

It  must  be  remarked,  that  the  Terre  Blanche  concession, 
which  had,  as  we  have  elsewhere  said,  been  established  at  the 
Natchez,  had,  after  first  belonging  to  the  Cldracs,  been  ceded 
to  M.  Ic  Blanc  and  his  associates,  who  had  previously  settled 
at  the  Yazoux.  At  the  time  we  are  speaking  of,  this  conces. 
sion  was  commanded  by  a  brave  officer  named  the  Sieur 
de  Liettc  (Le  Sueur). 

As  soon  as  the  commandant-general  arrived  at  the  Natchez,* 
he  proceeded  with  his  staff  to  Sieur  Barneval's,  who  then  com- 
manded Fort  Eosalie,  and  supped  there.  After  supper,  he 
ordered  several  pieces  of  Kouen  cloth,  which  he  tore  in  strips 
and  distributed  to  all  the  Indians  attached  to  the  army,  with 
orders  to  tie  them  on  the  arm,  so  that  the  French  who  accom- 
panied   them,  and  were  ignorant  of  the  distinctive  marks 

*  This  is  what  is  called  the  second  war  of  the  Natchez.  The  expedition  con- 
sisted of  about  seven  hundred  men,  under  the  command  of  Bienville,  who  left 
New-Orleans  for  the  Natchez  country  in  the  month  of  October,  1723. — Gayarre. 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


51 


concession. 


of  the  several  nations,  might  by  this  mark  at  least  recognize 
those  of  the  friendly  tribes.  Besides  the  Tonicas  I  have  men- 
tioned, the  army  had  been  joined  by  some  Yazoux  Indians 
and  by  a  party  of  Chactas,  commanded  by  Redshoc.* 

In  the  morning,  the  commandant  wishing  to  give  the  enemy 
no  time  to  fortify  or  even  escape,  put  his  troops  in  march  in 
two  columns  towards  the  concession  St.  Catharine's,  the  place 
assigned  as  a  general  rendezvous  for  the  army.  It  was  com- 
posed of  the  company's  troops,  soldiers  of  the  Terre  Blanche 
concession,  several  townsmen,  Canadians  and  volunteers  from 
the  capital,  and  some  of  the  Natchez  settlers.  The  first  column 
followed  the  high  road  leading  from  Fort  Eosalie  to  St. 
Catharine's;  the  other  took  a  little  path  across  the  prairies 
and  dales ;  the  whole  army  having  met  at  the  rendezvous, 
passed  the  night  there,  sleeping  in  the  open  air  under  arms, 
awaiting  the  general  who  slept  at  the  fort,  where  the  Stung- 
Serpent  soon  came  to  ask  pardon  for  his  nation.  He  avowed 
that  the  people  of  White  Apple,  Jenzenaque  and  the  Gray 
Village,  were  really  in  a  state  of  insurrection,  which  he  himself 
had  been  unable  to  put  down.  All  that  he  could  obtain  of  the 
commandant  was,  that  his  vengeance  should  extend  only  to 
those  three  villages,  with  a  promise  to  spare  his  Great  Village 
and  the  Flour  (Corn)  Village  for  his  sake,  as  he  knew  that  the 
latter  had  taken  no  part  in  the  recent  outrages. 

The  next  day,  the  commandant  having  arrived,  the  army 
was  set  in  motion  towards  White  Apple  Village,  defiling  across 
the  woods  by  narrow  paths,  where  the  soldiers  had  to  pass  in 
Indian  file.  It  was  All-Saints'-Day.  All  the  troops  marched 
in  silence,  so  as  to  succeed  in  surprising  the  enemy.  On  the 
way,  they  came  to  a  cabin  where  three  squaws  were  pound- 


it  I 


-f!'- 

i' 

i:-i 


•  In  Poorc's  Documents,  Boston,  is  a  copy  of  an  English  captain's  commis- 
sion to  Rcdshoe. 


52 


HISTORICAL  MEMOIRS  OF  LOUISIANA, 


ing  maize  at  the  door  to  make  sagamity.  As  soon  as  they 
perceived  such  a  number  of  French  in  arms  with  Indians 
in  war  paint,  they  instantly  k^fl  their  work,  and  entering 
the  cabin,  closed  the  door.  It  was  a  mud -cabin,  and  there 
were  inside  three  men,  who,  seeing  by  the  loop-holes  in  the 
wall  that  they  were  the  subjects  of  the  French,  seized  their  guns 
and  began  to  fire  through  the  openings;  but  as  there  were  only 
three,  the  French  arranged  themselves  so  that  no  one  was 
hurt.  Meanwhile,  a  recent  settler  at  Fort  Rosalie,  wishing 
to  profit  by  the  commandant's  premise,  that  whoever  took 
a  squaw  might  keep  her  as  a  slave,  in  hopes  of  carrying  oiF 
one  of  those  he  had  seen,  and  witliout  observing  the  risk 
he  ran,  left  the  main  body  and  ran  up  to  the  cabin  door.  He 
seized  it  with  one  hand  at  the  iOY>  to  pull  it  down,  but  as  it 
was  merely  of  dry  canes  bounded  and  interlaced  on  two  cross 
canes,  one  of  the  three  men  inside  took  aim  at  him  across  the 
canes  and  shot  him  through  the  heart.  The  Frenchman  fell 
dead,  dragging  the  door  Avith  him,  and  there  leaving  a  free 
passage  to  any  one  who  would  avenge  him.  A  settler,  a  good 
gentleman  of  Beam,  named  the  Sieur  Mespleix,  undertook  it ; 
he  entered  the  cabin  at  the  moment  when  the  Indian  had  fired, 
and  instead  of  killing  him,  as  he  could  have  done  with  his 
musket,  he  ran  up  to  seize  him  in  hopes  of  having  him  as  a 
slave,  if  he  took  him  alive.  The  Indian  not  having  time  to 
reload,  and  seeing  the  Frenchman  approach,  struck  at  him 
with  the  stock  of  his  gun,  but  missed  him,  and  the  Sieur 
de  Mespleix  at  the  moment  seized  him  around  the  body  and 
carried  him  out  of  the  cabin.  When  he  got  out,  the  command- 
ant ordered  one  of  our  Indians  to  kill  and  scalp  him,  having 
resolved  to  give  no  quarter  to  the  male  portion ;  at  the  same 
time  he  promised  the  settler  to  give  him  the  first  Avoman  taken 
by  our  Indians,     As  for  the  other  two  Indians  they  were 


niSTOUICAL   MEMOIRS  OF   LOUISIANA. 


53 


S  the  risk 


i.2r  him  as  a 


i 


killed  by  some  Frenchmen  who  had  meanwhile  entered  the 
cabin.  One  of  theni,  the  Sieur  Tisscr,  had  cauyht  two  of  the 
squaws,  who  had  hid  under  a  bod;  the  third  was  taken  by 
another  settler. 

After  this  lirst  expedition  the  army  resumed  its  march  on 
White  Apple  Village,  but  the  shots  fired  had  warned  the  Indians 
to  decamp,  and  they  had  all  dispersed  in  the  woods  or  in  the 
neighboring  villages,  so  that  on  reaching  there  the  army  found 
but  empty  cabins.  They  halted  in  the  village  square,  and  the 
commandant,  thinking  that  the  Indians  might  go  to  the  de- 
serted cabin  and  scalp  the  Frenchman,  sent  a  party  to  burn 
cabin  and  body.  Ue  then  set  fire  to  the  village,  and  as  the 
day  was  waning,  the  army  resumed  the  road  to  St.  Catharine's. 

They  arrived  there  at  nightfall,  and  spent  four  days  resting 
without  anything  new  transpiring.  On  the  fifth,  the  command- 
ant divided  the  army  into  two  corps,  and  put  the  Sieur  Paillou 
in  command  of  one,  with  orders  to  take  the  same  route  as  be- 
fore, ami  putting  himself  at  the  head  of  the  other,  ho  marched 
on  the  village  of  the  Grays,  which  ho  reached  by  roads  worse 
even  and  more  difTicult  than  those  I  liave  already  mentioned. 
No  Indians  were  found  there,  but  merely  a  temple  and  some 
scattered  cabins,  all  Avliich  he  reduced  to  ashes.  Meanwhile, 
the  troops  were  dying  of  thirst,  and  as  each  tried  to  find  some 
water,  a  settler  found  accidentally  a  squaw,  probably  more 
than  a  hundred  years  old,  as  her  hair  was  quite  white,  a  thing 
very  unusual  with  the  Indians.  He  took  her  to  the  general, 
who,  after  questioning  her  and  finding  where  the  water  was, 
abandoned  her,  as  a  useless  burthen  to  the  earth,  to  a  little 
slave  of  his,  who  scalped  and  killed  her.  The  army  then  con- 
tinued its  march,  meeting  the  same  difficulty  and  fatigue, 
obliged  every  moment  to  cry  out ,  "  Halt  in  front,"  and  the 
next,  "  Close  up  rear."     Certain  it  is,  that  had  the  Indians  had 


1 


m 


■Mi 


61 


niSTOUICAL  MEMOIRS  OP  LOUISIANA. 


■' 

ii 

■I' 

I 

f  *ili  li'ij 

• 

1   ■''■"- 

ll 

! 

;  ■f-  ''di 

<  '■:[ 

i 

courftgo  or  sonso  enough  to  assoinblo  and  lay  ambushes  in 
some  ravines,  tliey  could  Imvo  cut  the  whole  army  olV. 

At  lust  they  got  out  of  tlio  woods  and  defiles,  and  the  troops 
having  entered  a  vast  plain,  the  grass  of  which  had  been  burnt, 
they  discovered  at  a  distance  a  hostile  Indian  armed  with 
a  gun,  apparently  on  the  look-out,  examining  our  army.  As 
soon  as  he  was  seen,  a  Frenchman  named  Marcclial  earnestly 
begged  the  couirnandant  to  permit  him  to  run  on  the  Indian, 
which  he  refused ;  but  at  last,  overcome  by  his  importunity,  ho 
agreed.  Marcchal  dashed  oif  like  an  arrow,  without  his 
musket  and  with  only  a  knife.  The  army,  uncertain  as  to  the 
issue,  halted  to  witness  the  result.  The  Indian,  seeing  only 
one  unarmed  man  approach,  believed  himself  strong  and 
skilful  enough  to  meet  him;  he  awaited  him  coolly,  and,  as  ho 
came  within  gunshot,  fired,  but  missed  him.  lie  then  fled 
across  the  prairie,  pursued  by  his  enemy,  who  at  last  over- 
took him  and  plunged  his  knife  in  his  back.  The  Indian  fell  at 
the  blow  and  the  Frenchman  on  him;  but,  the  next  moment,  the 
latter  was  up,  and  shouting  the  death-cry,  scalped  his  enemy, 
and  came  in  iriumph  to  present  the  trophy  to  the  general,  who 
in  return  ordered  some  goods  to  be  delivered  to  him. 

Soon  after,  Redshoc,  chief  of  the  little  Choctaw  party  that 
had  followed  the  army,  having  perceived  four  women  running 
away,  pursued,  took  and  brought  them  to  the  general.  He 
questioned  them,  and  by  their  answers  learned  that,  half  a 
league  off,  at  the  Jenzenaque  Village,  fifty  Indians  awaited  us 
stoutly,  resolved  to  conquer  or  die.  On  this  the  army  wheeled 
about,  and  the  Tonica  chief  took  the  lead,  marching  right  on 
the  enemy.  Some  time  after,  a  strong  cabin  was  discovered 
built  on  a  height ;  here  it  was  believed  the  Indians  were  to  be 
found.  The  drums  beat  at  once  and  the  fifes  struck  up,  and 
the  army,  forming  in  a  square  battalion,  advanced  on  the  cabin. 


iiilil 


HISTORICAL  MEM0m3  OF  LOUISIANA. 


05 


The  Touica  clilof  who  wiw  at  tlio  lioiul  first  roacliod  the  licii^lit; 
ho  approu'jliud  the  cabin,  oxamiiioil  it,  i)Ut  loiiml  it  empty. 
The  Indians  hail  abandoned  it,  and  so  procipitatoly,  tliat  they 
had  left  behind  some  guns,  balls,  and  horns  full  of  powder. 
The  Tonica  cliief  taking  a  turn  around  the  height  pereeivcd 
below  him  one  of  the  enemy's  chiefs,  called  "  The  Little  Sun," 
or  rather  they  both  at  the  same  instant  saw  each  other,  aimed 
and  fired.  The  Tonica  chief  stretched  his  enemy  dead  on  the 
spot,  but  foil  himself  dangerously  wounded.  The  ball  that 
struck  him  had  entered  his  mouth,  gone  through  his  cheek, 
and,  glancing  along  the  breech  of  his  gun,  had  broken  his 
shoulder-blade. 

The  Indians  seeing  him  fall  and  believing  him  dead,  raised 
frightful  cries  and  yells,  but  some  Frenchmen  running  up 
found  that  he  still  breathed.  They  lifted  him  up  and  lai<  1  him  on 
a  litter,  and  putting  him  in  the  centre  of  the  army,  all  marched 
back  towards  St.  Catharine's ;  but  being  surprised  by  night,  had 
to  encamp  in  a  prairie,  where  each  one  lighted  a  fire  to  warm 
himself,  for  they  had  no  tent  or  covering ;  they  had  not  even 
brought  i3rovisions.  About  midnight  the  Indians  began  to 
fire  some  blank  cartridges,  as  they  always  do  when  near  an 
enemy,  to  show  him  that  they  are  on  their  guard.  Unfortu- 
nately, the  Terre  Blanche  company,  commanded  by  the  Sieur 
de  Lietto,  was  unaware  of  this  Indian  custom,  and  believing  it 
to  be  a  sudden  attack  of  the  enemy,  seized  their  arras  and 
were  already  marching  to  the  spot  where  the  firing  was,  when 
the  commandant,  informed  of  the  mistake,  sent  an  aid-de-camp 
to  order  them  back  to  their  quarters. 

The  next  morning  at  daybreak  the  army  resumed  its  march, 
and  at  nine  o'clock  reached  St,  Catharine's,  where  a  strong  de- 
tachment was  left  to  protect  that  settlement  against  the  out- 
rages of  the  Indians ;  the  rest  of  the  troops  retired  to  Fort 


1 


■ff 

I    '. 

ir 

■ 

■"«*■ 


56 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


Rosalie,  where  Dc  Liett's  company  was  disbanded,  and  re- 
turned to  Torre  Blanelic.  Tl^c  commandant  meanwhile  was 
thinking  of  bringing  the  war  to  a  close,  but  he  did  not  wish  to 
do  so  without  making  it  cost  the  Indians  not  poultry,  as  it 
did  at  first,  but  blood  worth  shedding.  In  this  state  he 
summoned  the  Stung-Serpent,  and  the  latter  having  instantly 
presented  himself,  the  commandant  told  him  that  he  re- 
voked his  promise  not  to  attack  the  Great  Village,  as  he 
learned  that  they  harbored  his  enemies.  To  this  the  great 
chief,  who  was  really  our  friend,  made  no  answer,  but  a  re- 
quest for  peace.  "  I  grant  it,"  said  the  general,  "  but  on  these 
terms.  You  know  that  there  is  among  your  people  a  negro  who 
formerly  belonged  to  the  French  :  bring  me  his  head  and  that 
of  Oldhair,  chief  of  AVhito  Apple  Village,  and  promise  me  ever 
to  regard  the  French  as  jonr  friends  and  brethren ;  on  these 
two  conditions,  I  will  grant  peace."  Now,  this  negro,  whose 
head  was  demanded,  was  a  free  black,  who,  instead  of  settling 
among  the  French,  hod  gone  over  to  the  Indians,  and  even 
made  himself  head  of  a  party.  It  was  justl}'"  feared  that 
he  would  teach  them  our  way  of  attack  and  defence,  and 
it  was  thus  absolutely  necessary  to  get  rid  of  him. 

The  Stung-Serpent  submitted  to  all  required  of  him,  and 
asked  only  three  days  to  perform  it.  This  was  granted ;  and 
two  days  after  ho  brought  Oldhair's  head,  and  the  negro's  the 
day  after.  Then  the  commandant,  seeing  the  war  ended,  left 
orders  with  the  commandant  of  Fort  Rosalie,  and  also  for  the 
groat  chief,  and  returned  to  the  capital,  after  having  restored 
peace  and  tranquillity  in  those  countries.* 


*  See  Memoirs  of  the  first  Natchez  war  in  His.  Coll.  of  La.,  vol.  iii.,  p.  241. 


HISTOBICAL  MEMOIRS  OF  LOUISIANA. 


57 


CHAPTER   XXII. 

RECALL  OF  THE  COMMANDER  OF  THE  COUNTRY  TO  FRANCE— LOSS  OF 

THE  B  ELLON  A. 


During  the  Natchez  war  died  the  Sieur  de  la  Tour,  lieuten- 
ant-general and  brigadier  of  engineers  in  Loiiisiana  ;  he  was 
succeeded  by  the  Chevalier  de  Loubois,  who  was  sent  to  the 
province  as  king's  lieutenant.  Sometime  after,  that  is,  in  1725, 
the  ship  Bcllona  having  arrived  at  New-Orleans,  the  captain 
delivered  the  dispatches,  of  which  he  was  the  bearer,  to  the 
commandant-general,  who  found  them  to  contain  an  order 
from  the  company  to  return  to  France.  He  immediately  pre- 
pared to  embark,  and  having  taken  leave  of  his  friends,  went 
to  Mobile,  and  thence  to  Dauphin  Island,  to  await  the  same 
vessel,  the  Bellona,  which  was  to  take  him  to  Europe.  In 
fact,  the  ship  had  no  sooner  taken  in  her  cargo,  than  she 
sailed  out  of  the  river,  and  anchored  in  the  roadstead  of  Dau- 
phin Island.  Here  an  accident  at  once  befell  her — her  shallop 
upset  in  the  Major's  Ilole ;  happily  no  one  was  drowned,  and 
the  shallop  was  saved  ;  but  as  this  happened  on  Holy  Saturda}''^ 
their  departure  was  postponed  till  Monday,  on  account  of  the 
great  festival  of  Easter. 

At  daybreak  on  Monday,  the  shallop  and  canoe  were  le^ 
down  to  go  to  Dauphin  Island,  to  bring  on  board  the  com- 
mandant, and  his  brother,  who  was  to  accompany  him,  as  well 
as  their  baggage.  They  had  hardly  reached  land,  when  they 
heard  signals  for  help  from  the  Bellona — two  cannon  fired  in 
succession,  followed,  after  an  interval,  by  two  others,  this  be- 
ing a  usual  signal  at  sea.  The  weather  was  delightful,  there 
was  not  a  breath  of  wind,  yet  the  ship  was  going  down,  some 


■  Y:   'Ifl 


m 


it's 


:m 


'^^i  wpiyappi « Mimmmti^mim 


'WHM;i1  'fgflJ^jBSISBaBBBSBi 


58 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


planks  having  started  near  the  keel.  In  this  pressing  danger, 
each  souglit  to  escape  impending  death  ;  some  tied  themselves 
to  the  yards  and  cordages,  awaiting  the  return  of  the  boats, 
others  jumped  overboard,  and  swam  to  the  Heron  Islands. 
A  fatlicr  Avas  drowned  trying  to  save  his  son.  At  last  the 
ship  A\  out  down,  with  all  her  cargo,  no  part  of  which  could 
be  saved.  This  was  a  serious  loss  for  the  company.  Afler 
this  accident  the  commandant  returned  to  the  capital,  where 
he  spent  four  or  five  months,  and  then  embarked  on  the 
Girondc,  leaving  the  direction  of  affairs  in  the  hands  of  the 
Sieur  de  Boisbrant,  captain  of  the  Illinois  country,  whom  the 
company  had  appointed  as  commander  in  his  absence.  Since 
the  period  of  the  Natchez  war  a  change  had  also  occurred  in 
the  council ;  the  Sieur  de  Salmon  was  sent  out  from  France  as 
commissairc  ordonuateur,  in  place  of  M.  dc  la  Chaise,  who 
had  died. 


CHAPTER   XXIII. 

NEW  TROUBLES  WITH  THE  NATCHEZ  INDIANS. 

As  the  captains  sent  by  the  company  to  command  in  each 
post  remain  only  as  long  as  the  commandant-general  thinks  lit, 
the  Sieur  de  Barnaval,  commandant  at  Natchez,  was  replaced 
by  the  Sieur  de  Lictte,  who  was,  in  turn,  succeeded  by  Sieur 
Broutin,  as  commandant  of  Fort  Eosalie,  and  at  the  same  time 
director  of  the  Terre  Blanche  concession,  where  there  were 
many  workmen  and  negroes  to  superintend.  Sieur  Broutin, 
finding  it  impossible  to  be  in  both  places  at  once,  chose  to  re- 
main at  the  concession,  and  left  me  to  command  at  the  fort  in 
his  absence. 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


59 


ing  danger, 
themselves 

the  boats, 
)n  Islands. 
\-t  last  the 
hich  could 
ny.  After 
ital,  where 
ed  on  the 
mds  of  the 

whom  the 
;ce.  Since 
ccurred  in 
L  France  as 
haise,  who 


id  in  each 
thinks  fit, 
3  replaced 

by  Sieur 
same  time 
bore  were 

Broutin, 
lose  to  re- 
he  fort  in 


'  :■¥ 


The  post  was  then  in  great  tranquillity,  and  the  Indians, 
after  the  last  war,  had  begun  to  live  on  good  terms  with  the 
French,  when  an  accident  happened,  which,  but  for  the  pru- 
dence of  the  commander,  might  have  caused  new  troubles. 
They  had  at  Terre  Blanche  live  stock  of  all  kinds,  oxen,  cows, 
bulls,  horses,  &c.,  which  went  every  day  to  graze  in  the  plain. 
Now  it  happened  one  day  that  an  Indian  struck  a  marc  on  the 
left  side  with  a  lilj'-dieaded  tomahawk,  and  as  tliis  did  not 
satisfy  him,  cut  off  her  tail.  This  is  regarded  among  the  In- 
dians almost  as  brave  and  valiant  a  deed  as  bearing  off  a 
scalp,  and  was  consequently  a  declaration  of  war.  The  mare 
was  fortunately  found  in  this  state,  and  brought  to  the  conces- 
sion, where  a  veterinary  surgeon  cured  her. 

Sieur  Broutin  determined  to  have  reparation  for  this  act  of 
hostility,  and  being  not  averse  to  sounding  the  intentions  of 
the  Indians,  who  might  have  attacked  the  mare  only  because 
he  did  not  dare  to  attack  the  French  personally,  sent  for  the 
Stung  Serpent.     He  came  immediately,  and  Avhcn  asked  by 
the  commandant  whether  he  and  his  people  were  tired  of  liv- 
ing on  good  terms  Avith  the  French,  asked,  in  turn,  why  such 
a  question  was  put  to  him.     Sieur  Broutin  explained  it,  and 
even  showed  him  the  mare  ;  but  the  Stung  Serpent  protested 
that  the  blow  had  not  been  struck  by  any  one  in  his  nation 
and  even  wished  to  lay  it  on  the  Little  Tioux  tribe,  who  lay 
about  two  leagues  west  of  the  Great  Village,  and  one  south  of 
Fort  Eosalie.     On  this '  answer,   Sieur  Broutin  at  once  dis- 
patched a  messenger  to  Bamboche,  who  was  considered  the 
head  chief  of  the  Tioux,  to  summon  him  to  speak  with  him. 
He  came,  but  when  the  commandant  stated  what  had  hap- 
pened, and  what  the  head  chief  of  the  Natchez  said  of  his 
village,  the  Tioux  chief,  who  was  a  rogue  at  bottom,  main- 
tained that  this  could  not  have  come  from  any  Ir  uian  in  his 


•JP 


I 


<^>:mmmm9imi 


■mmmmmmmm 


ll 


1 


1';         '''     ■'''!'': 

■              ;'t| 

,1               ■. ':; 

It:  ^  ^ 

1        1 

60 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


village,  as  no  one  had  a  tomahawk  of  that  description,  and 
that  it  was  beyond  a  doubt  the  work  of  the  Stung  Serpent's 
own  people,  as  they  had  many  in  tlieir  five  villages.  Offended 
at  this  answer,  the  Stung  Serpent  abruptly  left,  saying:  "I 
see  what  it  is ;  I  will  set  all  right."  He  returned  to  his  vil- 
lage, and  assembled  his  chief  men. 

As  soon  as  he  was  gone  Sieur  Broutin  armed  his  troops,  and 
sent  a  messenger  to  the  fort  to  tell  me  what  was  going  on. 
On  this  news  I  loaded  the  cannon  of  the  fort,  beat  to  arms,  as- 
sembled all  the  settlers  by  firing  a  cannon,  and  warned  them 
to  be  on  their  guard,  and  retreat  to  the  fort,  with  their  wives 
and  children,  as  soon  as  the  cannon  was  fired  again.  These 
precautions  were,  however,  useless  ;  the  Stung  Serpent,  hear- 
ing the  cannon,  at  once  imagined  that  the  French  were  about 
to  make  an  attack  on  his  villages,  and  to  prevent  it,  set  out 
with  his  chief  men  to  present  the  calumet  of  peace  to  the 
commandant  of  Terre  Blanche.  lie  at  first  declined,  and  told 
the  great  chief  to  return  to  his  village,  and  that  he  would 
bring  him  another  calumet  there.  At  last,  however,  he 
yielded  to  the  Indian's  entreaty,  as  he  earnestly  begged  him 
to  receive  him  and  his  people  as  friends ;  but  in  the  address 
which  he  made,  he  asked  whether  it  was  right  that  the  con- 
cession should  lose  a  mare  in  that  way.  The  Stung  Serpent 
agreed  that  this  was  not  fair,  and  to  repair  the  wrong,  he  con- 
demncd  every  cabin  in  all  the  villages  of  his  tribe,  including 
the  Tioux,  to  furnish  the  concession  a  basket  of  corn,  which 
was  all  brought  in  in  a  week.  At  the  same  time  Sieur  Brou- 
tin intimated  to  the  great  chief  that  it  was  not  enourrh  to 
have  made  peace  with  him,  unless  he  made  peace  also  with 
his  lieutenant,  who  commanded  at  the  fort,  and  was  no  less  dis- 
pleased than  himself.  This  induced  the  Indians  to  come 
to   Fort  llosalie,   where   I   was  similarly  regaled   with   the 


i 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


61 


rlption,  and 
g  Serpent's 
,  Offended 
saying:  "I 
to  his  vil- 


troops,  and 
i  going  on. 
to  arms,  as- 
arned  them 
their  Avives 
lin.  These 
rpcnt,  hear- 
were  about 
t  it,  set  out 
3ace  to  the 
id,  and  told 

he  would 

|)\vever,    he 

egged  him 

he  address 

at  the  eon- 

;  Serpent 
ig,  he  con- 

including 
orn,  which 
icur  Brou- 

cnough  to 

also  with 
10  less  dis- 

to  come 

Avith  the 


M 


1 


calumet,  the  Avhole  garrison  being  under  arms  Avhilc  the  cere- 
mony lasted.  The  corn,  obtained  by  this  contribution,  Avould 
more  than  have  paid  for  a  Avhole  regiment  of  cavalry,  as  there 
are  only  tAvo  baskets  in  a  quarter  of  Avheat,  containing  120 
pots,  Avhich  then  sold  at  thirty  livres.  Thus  the  j^rudence  of 
the  commander  on  this  occasion  prevented  our  nation's  be- 
coming the  sport  of  the  Indians,  avIio,  at  bottom,  liked  the 
French,  and  paid  quite  dearly  for  the  fault  of  an  individual. 

Sieur  Broutin  did  not  remain  long  at  Fort  Eosalie  after  this 
event,  but  Avas  recalled  to  the  capital,  and  succeeded  by  Sieur 
de  Tisinet,  Avho,  to  acquire  the  friendship  of  the  Indians, 
showed  them  hoAV  to  build  palisade  forts,  in  the  French  fash- 
ion, acting  here  against  my  advice.  This  ncAV  connnandcr  re- 
mained not  more  than  a  year  at  Natchez,  Avhen  he  Avas  suc- 
ceeded by  Sieur  de  Merveilleux,  Avho  j^rotected  the  inhabitants 
of  the  post,  by  Avhoin  he  Avas  equally  loved,  and  under 
Avhosc  government  the  French  ahvays  lived  in  perfect  har- 
mony Avith  the  Indians. 


CHAPTER    XXIV. 

ARRirjL  OF  A  KEW  COMMANDANT  AT   THE   CAPITAL— THE    SIEUR 
CHOP  ART  SENT  TO  NATCHEZ. 

BoiSBRiAXT  had  not  commanded  over  a  j'car  in  the  coun- 
tryi  Avhen  a  ncAV  commandant  arrived,  Avhen  least  expected. 
He  Avas  a  brave  officer  of  the  marines,  a  knight  of  St.  Louis, 
by  name  Sieur  Perier,  in  Avhose  praise  it  may  be  said  that  he 
made  himself  equally  dear  to  the  troops  and  settlers,  by  his 
equity  and  beneficent  generosity.  Scarcely  Avas  he  installed 
in  his  post,  Avhen  all  the  country  began  to  flourish  more  than 


m 


'  4  ■••1 


■ffll 


Hi 


■«WP 


^.;;^i*^^^^l^;'ylrjip^lll^]l■.■Jf|p.,...^^^_^-^^J^_^JJ^^^ 


I    ; 


i'  r'li'ii 


I     I 


62 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


ever.  All  vied  in  forming  new  establishments,  the  officers 
even,  imitating  the  commandant,  began  plantations.  The 
company  having  sent  some  negroes,  as  it  did,  from  time  to 
time,  the  Sieur  Perier  divided  them  witli  the  greatest  impar- 
tiality, Avithout  favoring  any,  and  gave  some  to  several  set- 
tlers, who  had  never  been  able  to  get  any  since  they  came 
into  the  country.  If  a  house  was  burnt,  he  was  the  first  to 
lend  a  hand  to  rebuild  it.  If  any  dispute  occurred  between 
two  settlers,  he  heard  them  apart,  then  face  to  face,  and  ren- 
dered justice  Avithout  preference  or  distinction.  In  a  word, 
he  was  at  once  beloved  and  feared  throughout  the  country, 
ever  ready  to  render  a  service  to  those  who  had  recourse  to 
him,  and  punishing  with  severity,  when  the  fault  deserved  it. 

Under  so  just  a  government,  each  one  set  about  completing 
and  improving  his  new  establishments ;  and  the  settlements 
formed  at  Natchez,  though  a  hundred  leagues  from  the  resi- 
dence of  the  new  commandant,  prospered  more  and  more 
every  day,  by  the  care  he  took  to  supply  the  post  with  all  that 
could  render  it  solid  and  flourishing.  This  state  would,  un- 
doubtedl}^,  have  lasted,  had  they  not  at  the  same  time  recalled 
Sieur  do  Merveilleux,  who,  as  I  have  said,  then  commanded 
at  Fort  Eosalie.  Ilis  successor  was  Sieur  Chopart,  who  was 
no  sooner  in  his  post,  than,  instead  of  seeking  to  secure  the 
friendship  of  the  people,  whom  he  came  to  direct,  thought 
only  of  tyrannizing,  ill-treating  all  whom  he  suspected  of  not 
being  his  friends,  trampling  on  all  justice  and  equity,  always 
inclining  the  balance  in  favor  of  such  as  he  wished  to  favor, 
despising  even  the  royal  ordinances,  and  neglecting  the  service 
to  such  a  degree  as  to  leave  it  in  the  hands  of  sergeants,  who, 
seeing  themselves  no  longer  controlled  by  officers,  abused  the 
power  given  them. 

There  was,  as  I  have  said,  at  the  Terre  Blanche  concession. 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


63 


then  belonging  to  the  Marshal  Duke  de  Belle  Isle,  a  company 
of  soldiers,  maintained  to  preserve  the  concession  property, 
and  defend  the  laborers  engaged  there.  Sieur  Chopart  under, 
took  to  draw  them  off  on  his  mere  authority,  and  leave  only 
eight  soldiers  and  a  corporal.  The  Sieur  Desnoyers,  then  di. 
rector  of  the  concession,  at  lirst  opposed  his  pretensions,  but 
as  Chopart  told  him,  in  an  absolute  tone,  that  he  would  have 
it  so,  and  the  director,  as  an  oflicer  of  the  company,  being 
subordinate  to  the  commandant,  was  forced  to  submit. 

This  was  not  the  case  with  a  lieutenant''^  of  the  fort  garri- 
son, who  had  commanded  at  the  post  under  Sieur  Broutin,  and 
who,  witnessing  the  crying  injustice  done  by  the  commandant 
to  one  of  the  settlers,  opposed  him  resolutely,  lie  thus  drew 
on  him  indeed  the  anger  of  Chopart,  who,  by  stratagem,  put 
him  in  irons ;  but  the  officer  having  managed  to  escape,  reach- 
ed the  capital,  and  laid  his  complaint  before  the  commandant- 
general,  who  immediately  summoned  Chopart  from  Natchez 
to  answer  for  his  conduct.  The  affair  having  been  brought 
on,  the  lieutenant  had  entire  satisfaction  in  open  council, 
where  the  commandant  at  Natchez  was  obliged  to  confess 
himself  guilty.  He  would  even  have  been  broken,  and  never 
returned  to  his  post,  had  not  the  commandant-general  been 
forced  to  pardon  him  by  the  pressing  solicitations  of  persons 
who  sided  with  him.  He  did  not,  however,  send  him  back, 
till  he  promised  to  treat  the  settlers  more  fiivorably,  and 
change  his  conduct  entirely. 


'1-'  all! 


*  The  author  of  these  memoirs. 


■:i!j'a 


-mmimmmm 


64 


niSTORICAL  MEMOIRS  OF  LOUISIANA. 


I 


I  U 


CHAPTER   XXV. 

SrEUR   CIIOPJIiT'S  CONDUCT.— ORIQIN  OF  THE  LAST  NATCHEZ   WAR. 

Tins  little  disgrace  liumbled,  but  did  not  correct  Chopart. 
lie  did  not,  indeed,  after  his  return  to  Natchez,  ill-treat  the 
settlers ;  liis  violence  and  injustice  sought  another  object.  Ue 
had  brought  from  the  capital  some  negro  slaves,  intending  to 
form  a  permanent  establishment  at  Natchez.  Ilis  aim  was  to 
make  a  fortune  in  a  little  while;  but  this  required  a  good 
ground ;  the  best  was  already  taken,  and  he  could  not  drive 
out  the  settlers  already  in  possession,  without  exposing  him- 
self to  a  reprimand  at  the  capital.  In  this  embarrassment  he 
struck  on  a  means :  it  was  to  turn  to  the  Indians,  from  whom  he 
thought  he  had  nothing  to  fear.  In  fact,  one  fine  day,  he  went 
to  begin  his  first  plantation  in  AVhite  Apple  Village,  drove  an 
Indian  from  the  ground  he  occupied,  and  even  from  his  house, 
in  which  he  put  some  negroes  to  till  the  ground  and  a  Fi-ench 
woman  to  take  care  of  them.  The  Indian  came  to  complain, 
and  some  goods  were  given  to  pacify  him,  but  in  vain,  as  he 
did  not  deem  them  enough.  More  was  promised,  but  only  to 
keep  him  in  play,  without  any  intention  of  giving  anything. 

Chopart  did  not  stop  here.  One  day  he  went  to  walk  to  the 
Great  Village.  The  Stung-Scrpent  was  no  longer  head  chief  of 
the  Natchez  nation :  he  had  died,  and  his  successor  was  a  rela- 
tive of  Oldhair,  the  White  Apple  Chief,  whose  head  had  been 
required  by  the  French  in  the  last  war.  Arriving  at  the  village, 
Chopart  remarked  that  the  position  was  a  fine  one,  being  a 
beautiful  plain,  intersected  by  the  little  river  St.  Catharine, 
and  immediately  resolved  to  seize  it  for  a  plantation.  It  be- 
longed indeed  to  a  friendly  tribe,  whom  he  would  have  to  dis- 


wit 


1 


'I    ^: 


I      !■ 


I  i: 


niSTORICAL  MEMOmS  OF  LOUISIANA. 


65 


HEZ   WAR. 


possess,  and  by  his  violence  make  our  enemies,  but  this  -vviis 
nothing.  In  this  resolution  the  communtlant  returned  to  hid 
house,  which  lay  on  the  first  level  reached  after  ascending 
from  the  water's  edge — a  pretty  rough  hill  by  a  winding 
road.  Not  far  olV  was  the  house  of  Sieur  l^aiiiy,  who  had  suc- 
ceeded De  la  Loire  des  Ursiiis,  as  judge  and  commissary  at  the 
port.  The  latter,  lincUng  himself  thus  put  out  of  office,  had 
chosen  a  place  on  a  ground  between  Fort  Eosalie  and  St.  Cath- 
arine's, and  had  begun  to  build  there. 

The  commandant,  considering  that  the  site  of  the  Great  Vil- 
lage just  suited  him  for  a  country-seat,  and  that  the  line  plain 
around  would  give  him  a  great  income,  resolved,  as  I  have 
said,  to  seize  it.  A\^ith  this  view,  he  ordered  the  great  chief  to 
come  and  see  him,  and  the  latter  came,  accompanied  by  his 
chief  men.  The  Sieur  Chopart,  by  Papin,  the  interpreter,  told 
him  that  the  greatchief  of  the  French  at  New-Orleans,  the  Sieur 
Perier,  had  written  to  him  to  order  the  Natchez  to  leave  their 
Great  Tillage,  as  he  needed  it  for  some  large  buildings.  To  so 
astounding  a  proposition,  the  great  chief  and  his  council  ]'epliedj 
that  "  their  nation  had  long  been  in  possession  of  that  village, 
and  lived  there ;  that  the  ashes  of  their  fathers  reposed  there, 
deposited  in  the  temple  which  they  had  built ;  that,  moreover, 
the  French  had  never  yet  taken  lands  by  force  ;  that,  if  they 
had  settled  on  their  lands,  the  nation  itself  gave  them  sites  in 
ho})es  of  obtaining  protection  and  defence  against  their  ene- 
mies, and  even  that  many  Frenchmen  had  given  goods  to  the 
Indians  in  payment  of  the  lands  they  occupied,"  But,  just  as 
their  representations  Avcre,  they  made  no  impression  on  the 
commandant's  mind,  and  could  not  change  his  resolution,  lie 
told  the  great  chief  that  lie  cared  little  for  his  reasons  :  that  the 
great  chief  of  the  French  must  be  obeyed,  so  that  they  must 
instantly  prepare  to  leave  their  village  ;  that,  if  they  thought 


5 


69 


niSTOmCAL  MEMOIRS  OF  LOUISIANA. 


'    "!!' 


fit,  they  might  go  and  build  another  village  a  league  fur- 
ther oil". 

The  great  chief  knew  well  that  his  village  was  already  too 
far  from  the  river,  as  it  was  at  least  a  league  and  a  quarter 
from  it,  yet  seeing  that  ho  could  not  move  the  commandant, 
he  pretended  to  yield  to  his  demands,  and  asked  only  two 
moons  to  have  time,  he  said,  to  choose  a  lit  place  for  their 
new  village,  and  prepare  it.  This  was  granted ;  but,  as  all 
Chopart's  views  tended  only  to  enrich  himself  by  all  kinds  of 
means,  he  told  them  that  as  he  had,  of  his  own  good  will  for 
the  tribe,  granted  this  delay,  without  the  knowledge  of  the 
great  French  chief,  who  would  perhaps  be  displeased  at  his 
not  executing  orders  strictly,  it  was  but  fair  to  pay  him  for  it ; 
and  he  named  a  certain  quantity  of  poultry,  pots  of  bear  oil, 
baskets  of  corn,  and  skins,  to  be  given  him.  The  great  chief, 
who  now  only  wished  to  get  out  of  his  hands,  agreed  to  all  he 
asked ;  and  Chopai't,  whose  head  was  turned  by  success,  to 
assure  all  by  frightening  him,  warned  him  not  to  fail,  threaten- 
ing him  that,  in  case  he  did,  he  would  send  him  bound  hand 
and  foot  to  New-Orleans  as  soon  as  the  boats  came  up  to 
Natchez.  After  this  conversation,  they  parted,  the  Indians 
much  displeased  at  what  was  demanded  of  them,  and  the 
French  commandant  resolved  to  have  their  land  without  its 
costing  him  either  presents  or  goods. 


I     .V,' 


CHAPTER   XXVI. 

CONDUCT  OF  THE  NATCHEZ-TUEIR  RESOLUTION  ON  SIEUR  CHOPARrS 

PROPOSITION. 

As  soon  as  the  Indians  returned  to  their  village,  the 
great  chief,  his  warriors  and  great  men,  assembled  instant- 
ly ;  many  secret  councils  were  held  to  resolve  on  means 


IIISTORICATi  .MKMOTRS  OF  LOUISIANA. 


67 


QxxG  fur- 


'cacly  too 
%  quarter 
:nandaut, 
only  two 
for  their 
it,  as  all 
kinds  of 
:1  will  for 
yo  of  tlio 
3ed  at  liis 
im  for  it ; 
'  bear  oil, 
:cat  cliicf, 
I  to  all  lie 
ucccss,  to 
threaten- 
und  hand 
me  up  to 
3  Indians 
and  the 
rithout  its 


CnoPARTS 

lage,  the 
instant- 
)ii  means 


■% 


2^1 


to  prevent  both  their  lands  being  taken  and  the  great  chief 
being  conducted  as  a  prisoner  to  the  capital.  Several  propo- 
sitions were  made,  but  all  rejected ;  at  last,  after  weighing 
several  plans,  all  of  which  might  secure  their  property 
and  liberty,  they  decided  on  the  barbarous  resolve  of  massa- 
cring not  only  the  commandant  at  the  fort,  but  even  all  the 
French,  and  ridding  the  country  of  them.  After  this  they 
sent  deputies  in  every  direction  to  bear  the  calumet  to  the 
dift'ercnt  Indian  nations  scattci'cd  through  tlie  colony,  and 
portray  the  tyranny  which  the  French  wished  to  exercise  over 
them  by  driving  them  from  their  land,  and  to  ask  their  aid  in 
repelling  these  acts  of  violence  and  usurpation.  The  Choctaw3 
were  the  first  and  hottest  in  embracing  their  quarrel ;  they 
undertook  to  destroy  all  the  French  on  the  lower  part  of  the 
river,  and  for  the  execution  of  this  design  fixed  the  day  which 
ended  the  two  moons  granted  by  the  commandant;  but  as 
these  people  cannot  count,  they  exchanged  with  each  other  as 
many  little  sticks  or  matches,  as  there  were  days,  till  that  fixed 
for  the  bloody  butchery.  After  this  negotiation,  which  was 
kept  very  secret  among  the  Indians,  the  deputies  returned  to 
their  village,  bearing  the  fatal  bundle  of  sticks  given  them. 
These  the  great  chief  immediately  carried  to  the  temple, 
where  they  keep  a  kind  of  perpetual  fire. 

The  Indians  meanvy'hile  remained  tranquilly  in  their  village, 
taking  no  steps  to  find  another  site  ;  a  thing,  which  of  itself, 
should  have  excited  the  suspicions  of  Sieur  Chopart,  had  he 
been  capable  of  prudence  at  all.  Every  morning  the  great 
chief  went  to  the  temple  and  cast  one  of  the  little  sticks 
on  the  fire,  the  last  of  them  being  the  signal  for  the  day  of  the 
frightful  massacre.  It  might  have  been  general  throughout 
the  country,  but  God  watched  over  the  other  posts,  and  seems 


.;«'{ 


'tfi 


;'i: 


im 


68 


HISTOUICAL  MEJIOIltS  OP  LOUISIANA. 


to  liavc  abuiuloncci  only  Niitcliez  to  the  fury  of  the  savages,  to 
punish  the  intoU'rable  and  cryin;,'  injustice  of  its  eornnian(h\nt. 
It  was  172!),  and,  towards  the  eK)se  of  October,  a  galley  had 
left  the  capital  loaded  with  sundry  effects  and  merchandise  for 
the  Natchez,  post,  which  began  to  llourish  by  the  numerous 
houses  raised  there.  The  cro]),  loo,  had  been  that  year  very 
abundant  in  tobacco,  wheat,  mai/e,  potatoes,  &c.,  and  they 
were  actually  building  a  large  storediousc  for  the  company. 
The  galley  reached  Natchez  on  the  28th  of  November,  bring- 
ing Sieurs  dc  Koly,  father  and  son,  who  had  just  come  from 
France  to  sec  the  fruit  of  all  they  had  expended  for  their  con- 
cession of  St.  Catharine's,  and  who,  not  finding  the  command- 
ant at  the  fort,  were  proceeding  to  his  house  on  horseback.  In 
fact,  the  Sieur  Chopart,  aceoni2)anied  by  Sieur  Bailly,  judge 
and  commissary  of  the  post,  and  the  Sieur  Kicard,  store- 
keeper, had  that  day  gone  to  the  Great  Village,  where  he  had 
sent  some  refreshments,  with  wine  and  brandy,  by  negroes,  in- 
tending to  enjoy  themselves  there.  There,  while  gazing  on 
the  beautiful  prairie  where  the  village  lay,  he  already  saw  in 
his  imagination  his  house,  his  gardens,  his  barns,  his  store- 
houses, the  huts  of  his  negroes — in  a  word,  he  already  traced 
in  thought  the  plan  of  the  beautiful  and  agreeable  scat  that 
was  to  reward  his  injustice  and  violence. 


ClIAPTEK    XXVII. 

GENERAL  MASSACRE  OF  THE  FRENCH  RY  THE  NATCHEZ. 

After  tracing  in  thought,  as  I  have  said,  the  plan  of  his  new 
scat,  the  Sieur  Chopart,  followed  by  his  company,  went  to 
visit  the  great  chief,  by  whom  he  was  well  received ;  the 


\     I 


IIISTOUICAL  MKMOIUS  OF  LOUISIANA. 


09 


Siour  RicarJ,  storckcopor,  acting  iw  luterpretor.  They  dniiilc 
and  enjoyed  tlictnselvef^,  and  npcnt  tho  night  in  revchy  until 
three  o'ck)ck  in  tho  inorninf?,  wlien  tho  French  retired  to  tho 
fort  to  rcoover  from  tho  fatigue. 

Meanwhile,  the  fatal  sticks  hail  reached  an  end,  and  that 
very  day  tho  Indians  wcro  to  execute  tho  horrible  plot  they 
had  ])renieditatcd.  Although  they  had  kept  their  entorpriso 
very  secret,  it  had  nevertheless  crept  out ;  sonic  Indian  women 
and  girls,  who  loved  tho  French,  and  wore  actually  their  mis- 
tresses, could  not  but  tell  them  all,  and  warn  them  to  take  caro 
of  themselves  when  the  great  chief  came  to  present  the  calumet 
to  the  commandant,  telling  them  that  their  countrymen  would 
use  that  sign  of  peace  to  cover  their  design  of  massacring  all 
the  French  in  tho  country.  Tho  interpreter,  Papin,  was 
informed  of  it,  as  well  as  the  Sieur  Mace,  sub-lieutenant  of  the 
garrison  at  the  fort,  and  four  or  five  others,  l^'^vcn  tho  day 
of  this  bloody  execution  was  told:  it  was  on  tho  29th  of  No- 
vember, St.  Andrew's-evc.  On  those  tidings,  Chopart  had 
scarcely  got  in,  when  Mace,  who  was  moreover  his  comrade, 
came  to  tell  him  all  that  lie  had  heard;  but  far  from  giving 
it  the  least  attention,  tho  commandant  treated  him  as  a  coward 
and  visionary,  charged  him  with  trying  to  impose  on  him,  by 
exciting  unseasonable  suspicions  against  a  friendly  tribe,  by 
whom  ho  had  but  a  few  moments  before  been  so  well  received, 
and  as  a  reward  for  his  report  ho  ordered  him  to  put  himself 
under  arrest.  Tho  next  moment,  Sieur  Papin  came  to  make 
the  same  report ;  far  from  listening  to  him,  he  put  him  and  four 
or  five  others  in  irons.  After  this  he  went  to  bed,  first  telling 
tho  sentry  at  his  door  to  let  no  one  into  his  room  till  nine  o'clock 
tlie  next  morning. 

Certain  it  is,  that,  warned  as  ho  was,  lio  might  very  easily 
have    prevented    the    misfortune   whicli  happened,   had  he 


'Hi 


vl 


'-mmmimm 


70 


HISTORICAL  MEMOIES  OF  LOUISIANA. 


chosen ;  to  disperse  the  storm,  it  would  have  been  enoiigli  to 
put  the  troops  under  arms  and  fire  a  cannon  even  without  ball ; 
but,  cither  because  wine  and  the  table  had  troubled  his  judg- 
ment, or  that  he  was  unfortunately  prejudiced  in  favor  of  the 
Indians,  cr  that  he  believed  them  incapable  of  daring  to  exe- 
cute such  a  design,  he  would  never  take  any  measures  to 
thwaiL  it ;  and,  as  his  injustice  provoked,  so  his  obstinacy 
crowned  the  evil  and  made  it  remediless. 

During  all  this  time  the  Indians  were  prci)aring  to  enact  the 
last  act  of  this  bloody  tragedy ;  and  in  order  to  take,  so  to 
say,  all  the  French  at  one  haul,  they  lay  in  troops  near  Terrc 
Blanche,*  St.  Catharine's  and  the  fort,  where  the  soldiers  had 
their  muskets  indeed,  but  not  a  charge  of  powder.  There  was 
not  a  settler,  in  whose  house  there  was  not  an  Indian  under 
some  pretext, — s-  ne  coining  to  pay  what  they  owed,  others 
coming  to  beg  their  friends  to  lend  them  a  gun  to  kill  a  bear 
or  deer  that  they  had  just  seen  by  their  hut;  some,  too,  to  pre- 
tend to  wish  to  buy  goods ;  and  where  there  were  three  or  four 
Frenchmen  there  were  at  least  a  dozen  Indians,  who  had 
orders  from  the  chief  not  to  act  till  he  gave  the  signal. 

Measures  being  thus  taken,  the  great  chief  set  out  from  his 
village,  attended  by  his  warriors  and  great  men,  with  the 
calumet  raised  aloft,  beating  the  ceremonial  jjo^,  and  bearing  to 
the  Lrench  commandant  the  reward  which  he  had  exacted  for 
the  two  moon's  delay  granted  the  Indians,  and  which  consisted 
of  poultry,  bear  oil,  wheat,  furs,  &cc.  Tliis  troop  passed  by  the 
foot  of  the  fort,  singing  and  whirling  the  calumet  before  the 
soldiers  of  the  garrison,  who  had  run  up  to  see  the  procession. 


if 


if'^iliir:!, 


*  Tcrrc  Blaticho,  or,  the  Orcat  White  Apjilc  Villajro  of  the  Natchez,  (now  a 
part  of  Col.  A.  Hutchen's  jjlantation,)  was  situated  about  twelve  miles  south  of 
the  city  of  Natciiez,  three  from  tiie  Mississippi,  and  witliin  a  sliort  distance 
of  Second  Creek.  Here,  beneath  bowers  rivahnir  tliose  of  I'empe  or  Arcadia, 
was  tiie  sweet  and  lovely  home  of  this  most  interesting  tribe  of  Indians. 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


71 


Qougli  to 
lOut  ball ; 
his  judg- 

roT  of  tllC 

ig  to  cxe- 
lasurcs  to 
obstinacy 

»  enact  tlic 
akc,  so  to 
car  Tcrro 
>klicrs  bad 
Tlicrc  was 
[ian  under 
^ed,  otliers 
kill  a  bear 
too,  to  prc- 
ree  or  four 
J  who  bad 
lal. 

At  flora  bis 
,  witb  tbc 
bearing  to 
exacted  for 
lb  consisted 
ssed  by  tbc 
before  tbe 
procession. 

atchcz,  (now  a 
miles  .'outh  of 
short  ilistaiicc 
ii])('  or  Arcadia, 
lulians. 


The  Indians  advanced  thus  in  cadence,  with  measured  steps, 
towards  the  commandant's  house,  who  slept,  however,  uncon- 
conscious  of  all  the  goods  tliey  were  bearing.  On  their  Avay 
they  passed  by  the  company's  old  storehouse,  where  the  Sieur 
Kicard  lived,  lie  was  already  up,  and  had  gone  down  to  tbe 
shore  to  disciiarge  the  galley  and  put  the  cargo  in  safety. 
They  at  last  reached  the  Sieur  Chopart's  house.*  Awakened 
by  the  noise  of  the  man  beating  the  put  an-l  the  cries  of  the 
Indians,  he  rose  en  robe  de  chamhre,  and  made  the  cortege 
enter.  They  oft'ered  him  the  calumet,  and  laid  at  his  feet  the 
presents  required  to  save  the  great  chief  of  the  Natcbez  from 
being  sent  in  the  galley  to  the  capital  tied  hand  and  foot. 
What  goods  disjilayed  before  the  eyes  of  the  commandant ! 
what  jars  of  bear  oil  arranged  in  his  view !  He  admires  these 
presents  with  complacency,  laughing  in  his  heart  at  the  vain 
credulity  of  those  who  would  bave  excited  his  suspicions 
against  his  Indian  friends ;  he  orders  them  to  be  set  at  liberty 
to  witness  with  their  own  eyes  Avhat  is  going  on,  and  see  how 
improbable  it  is  that  men  thus  loading  him  with  presents, 
could  have  formed  a  plot  for  exterminating  the  Frencli.  Tlicy 
danced  and  sung,  and  meanwhile  a  part  of  the  great  chiefs 
troop  drew  off  and  proceeded  to  the  galley  discharging  by  the 
river  side.  There,  each  Indian  picked  out  his  man,  took  aim, 
fired,  and  stretched  him  dead  on  the  spot.  At  this  signal, 
wliich  all  the  other  Indians  awaited,  the  massacre  of  the 
French  began  on  all  sides ;  in  less  than  half  an  hour  more  than 
seven  hundred  were  killed,  some  pierced  by  their  own  arms, 
others  beaten  down  or  assassinated.     Of  the  whole  gai'i'ison. 


*  Chopart's  housi'  was  situatod  just  below  the  fort  (Itosalie,)  upon  a  point  jul- 
tinir  out  towards  the  riv  t.  The  earthquake  that  destroyed  New  Madrid  in  IHIl, 
also  sunk  a  jjortion  of  this  celebrated  fort,  leaving  but  a  portion  of  one  of  the 
bastions  to  mark  the  site  where  the  massacre  took  place. 


-:fer 


m 
M 


'■-miimmvmmm 


I, 


72 


HISTOIUCAL  MEMOIRS  OF  LOUISIANA. 


only  ouG  soldier  c.sca|)C(l,  Sieur  ]\[iict',  wlio  luul  left  tlic  guard- 
house, was  killed  entering  his  own  dwelling;  the  Kolys, 
father  and  son,  who  had  arrived  the  night  before,  were  killed 
at  their  own  concession  of  St.  Catharine's,  with  the  Sieur  do 
Longrayc,  wlio  'was  director.  The  same  fate  bcfel  fc'cur 
Dcsnoyers,  director  of  Terre  l>lanehe,  who  had  come  in  lliat 
very  morning  from  the  Yazoos  with  several  piraguas, 
accompanied  hy  the  Sieur  Coder,  French  commandant  o 
that  post,  and  a  Jesuit  father,  (Du  Poisson.)*  Both  were 
enveloped  in  tlic  general  massacre,  and  the  conunandant 
was  scalped,  for  his  liair  was  long  and  very  beautiful, f  I 
could  not  cud,  were  I  to  attempt  to  express  all  the  cruelties 
then  perpetrated  by  the  Indians  on  men  to  whom  they  had 
been  previously  so  much  attached.  Several  French  women 
attempting  to  defend  their  husbands,  or  avenge  their  death, 
were  themselves  pitilessly  cut  down  l)y  the  savages. 

Amid  this  general  massacre  of  all  the  French,  Chopart  re- 
mained alive,  as  if  Providence  chose  to  reserve  him  to  witness 
the  destruction  of  so  many  settlers  solely  through  his  fault. 
lie  saw  it,  but  too  late.  Rising  from  his  chair  he  fled  to  the 
garden,  instead  of  seizing  liis  gun  to  defend  himself.  He 
whistled  for  the  soldiers  of  the  garrison,  Init  they  were  no 
longer  alive,  and  he  could  see  around  him,  through  the 
palisades  of  his  garden,  the  earth  strewn  with  their  lifeless 
bodies.  He  was  liimself  surrounded  by  Indi.'ins,  who  panted 
for  his  blood,  yet  none  woidd  lay  Lands  on  him ;  they  re- 
garded liim  as  a  dog,  uiiwortliy  of  being  killed  by  a  brave, 
and  summoned  the  Puant  chief,  who  killed  him  with  a  club. 

*  Fathor  Poisson  was  one  of  the  first  niissionarirK  sent  iimonjrtlio  Arkansas 
Intliaiis.  Sec  a  translalion  of  his  j,'rnj)hic  ami  interesting  journal  in  the  aiijiendix 
to  this  work,  by  Kip,  from  the  I.ettres  I'diilantes. 

»    t  Sec  Historical  Cul'cctionf  of  Lovisiava,  vol.  iii  ,  p.  151,  for  an  account  of  this 
massacre,  from  the  I.ettres  Eilifir.ntcs. 


HISTORICAL  ]\[EMOII..:  OF  LOUISIANA. 


78 


CIIAPTEIl    X.  XVIII. 

SEQUEL  OF  THE  MASSACRE.— FRENCH  WHO  ESCAPED. 

I  HAVE  clsewlicrc  said  lliat  the  Sieur  dc  la  Loire  des  Ur.sin?, 
after  having  been  judge  and  commissary  at  Natchez,  had 
formed  an  establishment  on  the  road  between  the  fort  and  St. 
Catharine's.  The  very  day  of  the  massacre  he  had  received 
information  of  the  attack  to  be  made  by  the  Indians  on  the 
French,  and  he  had  in  consequence  armed  all  on  his  place, 
consisting  of  an  Indian  slave,  on  whom  he  could  rely,  a 
Frenchman  and  woman,  and  a  natural  son  that  he  had  had  by  a 
woman  of  that  very  Nal'^hcz  tribe,  whom  he  had  called  liosa- 
lie,  after  the  fort  at  the  poL;t.  After  taking  these  precautions, 
lie  hid  his  best  effects  in  a  secure  place,  and  set  out  on  horse- 
back for  the  fort  to  announce  what  he  had  heard.  Some 
Indians  had  been  jiroAvling  all  the  morning  around  his  house, 
but  they  let  him  pass,  as  the  signal  had  not  yet  been  given, 
but  he  had  scarcely  got  in  sight  of  the  fort  when  the  massacre 
began,  and  he  saw  at  a  distance  the  biitchery  of  the  garrison. 
At  this,  he  wheeled  about  to  rcf^^ain  his  house,  but  the  Indians 
blocked  up  the  Avay  and  'ircd,  though  they  did  not  wound 
him,  lie  turned  again  toward^  the  fort,  Avhich  the  enemy  had 
now  abandoned  lo  descend  to  the  foot  of  the  hill ;  there, 
he  halted  to  breathe  his  horse,  and  started  off  again  in  hopes 
of  forcing  a  passage  at  a  gallop  and  reaching  his  house,  but 
after  escaping  several  shots  on  the  way,  another  laid  him  dead 
just  as  he  was  about  to  reach  it. 

Those  whom  he  had  left  there,  seeing  themselves  attacked' 
hekl  their  ground,  and  sustained  a  kind  of  siege  all  day  long, 


!-i^;. 


% 


Mi 


'ipft 


i<^.UI.i>|lUJi!.f WJ  I'  I  11 II  JIM INWJIIiPWVMnPfP 


■  .t-*pr--r,--.-rf-   T-^'^i*  .-^n-nri-mmjifm 


u 


HISTORICAL  y.EMOIRS  OF  LOUISIANA. 


against  a  large  party  of  the  Indians — fired  on  tliem,  and 
wounded  several — the  French  woman  keeping  all  supplied 
with  powder.  This  heroine  was  killed  at  last,  but  they  held 
out,  till  a  heavy  shower  compelled  the  enemy  to  retire.  Then, 
profiting  by  the  darkness,  they  left  the  house  and  reached  the 
river,  where  the}'  found  a  i)iragua  at  tlie  stern  of  the  galley, 
and  getting  in,  made  their  escape.  They  afterwards  asserted 
that  the  Indians  then  in  the  galley  were  dead  drunk,  and  that, 
had  there  been  thirty  Frenchmen  together,  they  could  have 
destroyed  all  the  butchers. 

Night,  also,  enabled  the  only  surviving  soldier  of  the  garrison 
to  make  good  his  escape.  When  the  massacre  began,  he  was 
at  the  foot  of  the  heiglit  on  which  the  fort  was  built,  putting 
wood  in  an  oven  run  into  the  hill-side  itself.  Seeing  the 
bloody  work  around,  ho  drew  the  Avood  out,  and  creeping  in, 
lay  there  all  day  till  darkness  enabled  him  to  escape. 

Sieur  Eicard  also  escaped,  but  in  a  manner  almost  miracu- 
lous. I  have  said  that  he  went  down  to  the  river  in  the  morn- 
ing, to  discharge  the  galley.  Seeing  the  first  volley  fired  by 
the  Indians  on  our  people,  he  sprang  into  the  river  and  swam 
to  the  neighboring  wood,  where  he  la}  hid  till  night.  He 
then  left  his  retreat,  but  not  daring  to  follow  the  shore  for  fear 
of  falling  in  with  the  enemy,  he  went  up  to  his  neck  ii .  the 
water,  and  so  descended  the  river  to  the  place  of  one  Eousseau, 
a  potter,  who  had  settled  about  a  league  from  the  fort.  Arriv- 
ing there  and  perceiving  a  light,  he  entered,  but  to  liiS  sur- 
prise found  himself  in  the  midst  of  a  party  of  Indians,  who 
made  him  go  to  the  fire  and  warm  and  dry  himself,  gave  him 
food,  and  even  one  of  their  piraguas  and  provisions  to  enable 
him  to  escape.  They  were  the  Yazoos,  who  had  come  down 
that  morning  with  the  Sieur  Coder,  and  whom  the  Natchez 
had  not  drawn  yet  into  their  plot. 


I 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


75 


lem,  and 
supplied 
they  held 
3.  a^en, 
ached  the 
le  galley, 
3  asserted 
and  that, 
)uld  have 

0  cjarrison 
n,  he  was 
t,  putting 
eeing  the 
eepiug  in, 

t  miracu- 

the  morn- 

j  fired  by 

md  swam 

ght.     lie 

re  for  fear 

ek  ii   the 

iousseau, 

Arriv- 

)  hiS  sur- 

ians,  who 

^■ave  him 

to  enable 

mo  down 

Natchez 


Two  other  Frenchmen,  Postilion  and  Louettc,  were  not  both 
as  fortunate.     They  set  out  in  the  morning  together  for  Terrc 
Blanche;  but  on  reaching  a  height  which  overlooked  the  con- 
cession, they  beheld  at  a  distance  the  Indians  massacring  the 
French.     At  this  sight  they  stopjicd,  and  not  daring  cither  to 
go  on  or  to  return  to  the  fort  in  broad  day,  they  hid  them- 
selves in  the  woods  till  night.     Then  they  started,  not  by  the 
ordinary  route,  but  across  the  woods  and  meadows.     In  this 
Avay  they  reached  the  company's  old  storehouse,  where  they 
saw  a  light.      Postilion,  looking  through   the  keyhole,  took 
those  inside  for  Frenchmen ;  he  knocked ;  the  door  was  0})cncd, 
but  when  he  got  in  he  found  them  to  be  Indians,  dressed  in 
the  clothes  of  his  butchered  countrymen.  As  soon  as  they  saw 
him  among  them  they  gave  him  a  glass  of  brandy  and  talked 
a  moment  with  him;  then,  giving  him  a  second  glass,  they 
knocked  him  down,  laid  his  head  on  a  block  and  severed 
it  from  the  body  with  a  blow  of  an  axe.     Louette  saw  from 
without  the  reception  given  his  comrade,  and  deeming  it  inex- 
pedient to  put  up  with  such  pleasant  hosts,  started  oft'  for  the 
river,  in  hopes  of  finding  some  craft  there  to  got  in.     Passing 
by  a  cabin  ho  thought  he  heard  people  talking  French,  and 
went  in ;  thoy  were  French  women,  taken  by  the  Indians,  and 
assembled  there  under  the  guard  of  one  of  their  tribe.     As 
soon  as  the  women  saw  him,  thev  cried:  "What  brinus  vou 
here,  poor  Louette?   Run!   the  French  are  all  killed."    Uc 
took  the  advice  and  escaped. 

One  Canterelle,  seeing  what  was  going  on,  shut  his  house 
during  the  massacre,  and  lay  hid  all  day  in  his  garret  with  his 
wife,  no  Indian  daring  to  enter.  When  night  came,  they 
botli  took  what  was  most  valuable,  and  started  out  across  the 
woods ;  but  on  the  way  Canterelle  remembered  that  he  had  left 
behind  some  important  article,  and  telling  his  wife  to  wait  for 


I 


:«! 


,,.,;■(■  Mil  II.  I  !IMII 


76 


UISTORICAL  MEMOIRS  OF  LOUISIANA. 


liiin  at  a  place  lie  named,  started  back.  On  liis  return  ho 
could  not  find  his  wife,  who  had  cither  missed  the  way  or  been 
taken  by  the  Indians;  but  while  looking  for  her,  he  fortunatc- 
l}'-  struck  on  a  piragua,  in  which  he  escaped.  Some  other 
Frenchmen  swam  across  the  river  and  reached  a  cypress 
grove,  where  Couillard,*  a  master-carpenter,  was  prej)aring 
building  materials.  They  told  him  the  state  of  alHurs,  and 
warned  him  to  fly. 


CHAPTER    XXIX. 


COXDUCT  OK  THE  INDIANA  AFTKll  THE  MASSACRE— TIIEIll    CRUELTT. 

All  the  French  women  who  survived  the  massacre  were 
made  slaves  by  the  Indians.  They  killed  some,  such  as  the 
wife  of  Sieur  Papin,  the  interpreter,  and  Mme.  Mace,  the  wife 
of  the  sub-lieutenant,  who  was  killed  coming  out  of  the  guard- 
bouse.  The  other  French  women  became  the  projierty  of 
those  who  had  taken  them ;  the  great  majority,  however 
passed  to  the  service  of  the  great  chief  and  the  white  woman, 
who,  as  w(^  have  seen  in  the  previous  portion  of  these  memoirs, 
is  a  kind  of  empress  in  the  nation,  and  the  stock  from  which 
all  who  govern  must  spring.  Among  those  thus  disposed  of 
was  my  wife,  Avho  had  been  taken  like  he  rest,  and  from 
some  of  those  who  escaped  I  learned  all  tie  details  of  the 
massacre,  F(jr  my  own  part,  I  happily  escaped  the  common 
misfortune,  having  started  the  night  before  for  the  ca})ital. 
All  these  women  were  employed  hj  the  Indians  in  making 

*  This  should  read  "  PerricauU,"  wlio,  after  his  escape,  wrote  a  MS.  journal  of 
all  th.it  passed  in  Tiouisinna  from  1700  to  1739,  which  is  now  deposited  in  the 
Dibtiothe<iue  du  Roi,  Paris, 


HISTORICAL   MEMOIRS  OF  LOUISIANA. 


77 


CRUELTY. 


shirts  to  give  as  presents  to  those  "vvlio  cuinc  to  Lear  tlic 
calumet  to  their  -warlike  nation,  which  had  just  si^mialized 
itself  by  so  great  an  exploit,  'J'wo  weeks  after,  tliev  were 
sent  to  the  galley  to  take  out  the  little  lelt  tlieie  by  the 
Indians,  after  whieh  they  lired  the  galley,  Ibrt,  aud  all  the 
French  houses,  Avhich  Avere  thus  I'edueed  to  ashes. 

Of  all  the  French  eslal)lishe(l  or  living  at  the  pu.^l,  the 
Indians  had  spared  but  two,  whom  they  n'served  ior  their 
usefulness,  and  the  advantage  they  hojn.'d  t(;  dci'ive  IVom  them. 
One,  Mayenx,  a  carter,  was  iMujiloyed  in  carting  t(;  tin;  Cij'eat 
Village  all  that  had  bi.'longed  to  the  French — provisions,  furni- 
ture, effects,  goods,  even  the  cannon  of  the  fort,  with  tlnir  car- 
riages, as  well  as  the  powder,  balls  and  bullets  found  there 
— in  a  word,  all  that  had  belonged  either  to  the  compaii}',  or  to 
the  settlers  and  grant-holders,  was  cari'ied  to  the  great  chiefs, 
and  he  there  distributed  it  among  his  sid)jee1s.  In  carrying 
it  the  Indians  also  employed  the  negro  slaves  scattcivd  y>n  the 
plantations,  who  had  by  that  fatal  tlay  I'eeovered  tlicii'  libei'ty. 

The  other  Frenchman  spared  was  a  tailor,  named  I,cbeau, 
wdiom  the  Indians  kept  to  alter  the  I'rcnuh  clothes  to  [it  them. 
As  this  tailor's  wife  was  very  old  they  killed  her,  to  make  him 
marry  a  younger  one,  and  employed  him  in  snrpri-  ;  j.  siveral 
of  his  countrymen,  Avho  but  for  him  would  have  esca[)ed  iheir 
barbarity.  Three  or  four  days  after  the  massacre,  they  heard 
in  the  woods,  near  the  landing-place,  a  plaintive  voice,  Avhich 
seemed  to  ask  help.  iS'o  Indian  durst  ;:'o  and  see  what  it  was, 
so  the  tailor  was  sent  to  s])eak  to  iam.  lie  asked  him  who 
and  what  he  was,  and  promised  him,  on  behalf  of  the  Indians, 
that  if  he  surrendered  at  discretion  no  harm  should  befall  him. 
fie  was  the  storekeeper  of  the  Yazoos,  bj'  the  name  of  Le 
IIou,  who  had  come  to  Natchez  with  the  Sieur  du  Coder,  of 
whom  I  have  spoken,  and  had  been  wovmded  in  several  places 


".fe|': 


11+ 


78 


UISTORICAL  MEMOIRS  OF  LOUISIANA. 


while  defending  himself  when  the  Indians  attacked  them.  On 
Lcbeau's  word  ho  surrendered  to  the  Indians,  who,  after  batli- 
ing  hi.s  wounds  with  brandy  and  treating  him  quite  well,  made 
him  undergo  at  night  the  same  course  as  Postilion,  and  cut  off 
his  head. 

A  lew  days  after,  the  Indians  perceived  a  piragua,  in  which 
some  voyageurs  were  descending  the  river,  unaware  of  what 
had  occurred  at  Natchez,  The  tailor  was  ordered  to  hail 
them;  he  obeyed,  but  the  piragua  was  no  sooner  within  gun- 
shot of  the  shore,  than  the  Indians,  ambushed  there  to  meet  it, 
rose,  gave  the  war-cry  and  fired  on  them,  killing  three  of  the 
live  who  were  in  it ;  the  fourth  escaped  to  the  woods  and 
reached  the  Tonica  village;  the  fifth,  who  was  sick,  fell  into 
the  hands  of  the  savages. 

When  they  had  this  poor  wretch  in  their  hands,  they  began 
by  stripping  him,  blacking  his  body  with  coal-dust,  bound  his 
hands,  and  ir.  this  state  made  him  run  to  the  village,  firing 
blank  charges  at  him,  with  their  muzzles  touching  his  body. 
On  reaching  the  village,  he  was  presented  to  the  great  chief, 
who  condemned  him  to  be  burnt  with  all  their  usual  cere- 
monies. The  Indians  immediately  proceeded  to  p)repare,  in 
the  square  before  the  temple,  a  wooden  frame,  consisting  of 
two  perpendicular  posts  and  two  cross-pieces,  to  which  the 
prisoner  was  to  be  attached.  When  this  was  all  ready,  and  dry 
canes  had  been  got  to  burn  him,  the  wretched  victim  was  sent 
for  and  his  race  from  the  village  to  the  temple  was  as  fearful 
as  the  first.  On  his  way,  the  poor  fellow,  exhausted  by  weari- 
ness and  thirst,  met  a  French  woman,  then  a  slave,  carrying  a 
jar  of  water  on  her  head ;  he  begged  her  to  give  him  a  drink, 
and  she  had  the  courage  to  do  it,  although  she  knew  that  she 
exposed  herself  to  the  fury  of  the  Indians,  who  are  not  tender- 
hearted.   After  this  he  continued  his  race  and  reached  the 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


70 


place,  where  death  was  to  close  his  sufferings  and  his  life. 
When  bound,  with  his  two  arms  extended  on  the  frame,  in  tho 
Indian  fashion,  he  saw  some  French  women,  and  called  to  them 
to  pray  to  God  for  him,  telling  them  that  his  name  was  Gratien, 
and  that  he  had  been  a  workman  in  Le  Blanc's  Yazoo  conces- 
sion. Scarcely  had  he  uttered  these  words,  when  the  Indians, 
armed  with  bundles  of  lighted  canes,  began  to  burn  him  slow- 
ly, applying  them  to  his  sides,  thighs,  breast,  back,  sides  and 
face,  so  that  ho  underwent  a  long  and  painful  martyrdom. 

About  the  same  time  an  Indian  child  liappened  to  die,  and 
the  child  of  a  French  woman  was  taken  and  strangled — "to 
go,"  they  said,  "and  attend  on  the  deceased  in  the  land  of 
souls."  Certain  it  is,  that  had  the  great  chief  or  the  white 
woman  died  at  that  time,  it  would  have  cost  the  lives  of  pro- 
bably all  the  enslaved  women. 


CHAPTER   XXX. 

THE  NATCflEX  ISDUCE  THE  YAZOOS  TO  FOLLOJT  T'lEIR  EXAMPLE.— NEIf 
MASSACRE  OF  THE  FRENCH liY  THE  LATTER. 

r  We  have  seen,  in  the  previous  chapters,  that  a  party  of  the 
Yazoos  came  lo  Natchez  on  the  very  day  of  the  massacre,  and 
that  it  ^\'as  these  Indians  who  had  so  seasonably  and  generous- 
ly aided  the  Sieur  Ilicard,  tho  storekeeper,  to  escape  in  a  pira- 
gua they  gave  him.  But  it  must  be  observed  that  when  they 
did  him  this  service  they  were  unaware  of  the  designs  of  the 
Natchez  against  the  French.  They  had  left  their  village  to 
come  and  present  the  calumet  to  the  Natchez,  but  arrived  at 
the  moment  when  they  were  preparing  to  execute  the  plot 
which  had  been  brewing  for  the  last  two  months ;  the  Natchez 


iu„ 


80 


UISTOIUCAL  MEMOIRS  OF  LOUISIANA. 


I  i 


liad  not  only  ilcenicd  it  inexpedient  to  let  tlieir  visitors  into  their 
design,  lor  Ceiir  of  discovery,  but,  tbrougU  the  great  chief,  had 
asked  them  to  postpone  the  calumet  ceremony  for  some  days. 
This  iuducctl  them  meuiuvhilc!  to  retire  to  tlie  house  of  the 
Sieur  Itousscau,  who  hud  gone  down  to  the  capitid  with  his  fami- 
ly a  few  days  before.  It  was  therefore  oidy  three  or  four  days 
after  the  massacre  that  the  Yazoos  presented  the  calumet  to  the 
great  chief  of  the  Natchez,  who,  in  his  liarangue,  recounted  all 
that  had  occurred,  and  the  reasons  why  his  nation  had  so  acted, 
exhorting  them  to  follow  the  example,  and  massacre  all  tho 
French  settled  among  them  at  Fort  St.  Claude,  assuring  them 
that  they  were  tlie  only  Frenchmen  now  alive  in  the  country, 
the  Choctaws  having  destroyed  all  those  of  that  nation  Avho  lay 
ou  the  lower  part  of  the  river.  The  Yazoos  easily  yielded  to 
the  persuasion  of  the  great  chief;  they  promised  to  execute  what 
ho  advised,  a  ud  were  accordingly  sent  offloaded  with  presents^ 
such  as  shirts,  powder,  balls,  <.S:e.,  and  accompanied  by  some 
Natchez  sent  to  encourage  and  second  them  in  the  attempt. 

These  Indians  were  ascending  tho  river,  ready  to  redeem 
tlieir  pledge  ni  arriving  at  their  village,  -win  ii  they  perceived, 
at  a  distance,  a  boat  which  had  landed  some  voyageurs,  and 
resolved  to  take  th'MU.  Landing  with  this  intent  they  noise- 
lessly advanced  across  the  woods,  and  undiscovered  came  near 
where  the  voyageurs  ^s'ere,  little  expecting  such  a  surprise. 
They  were  ull  on  their  knees,  hearing  mass,  which  a  Jesuit 
fathei-,  (l)outrcleau,)  was  celebrating.  When  he  was  at  the 
elevation  they  fired  both  on  the  priest  and  his  little  flock  ;  but 
the  God  whom  they  were  actually  adoring  did  not  permit  that 
any  should  be  wounded,  and  tliey  had  time  to  i-e-cmbark. 
The  only  accident  was,  that,  at  the  second  volley  fired  by  tho 
Indians,  the  boatswain  Dusablon,  while  pushing  the  boat  off, 
Avas  shot  in  the  thigh,  though  fortunately  the  leg  was  not 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


81 


broken.  This  Dusablon  was  the  same  one  who,  on  the  arrival 
of  the  first  vessel  which  brought  girls  from  Franoo  to  Louisi- 
ana, had  carried  off  the  prize  in  a  dispute  with  a  comrade  for 
the  hist  one.  Notwithstanding  liis  wound  he  was  able  to  get 
in.  The  boat  was  on  its  way  from  Illinois,  and  reached  Now- 
Orleans  safely.* 

As  for  the  Yazoos,  they  continued  their  voyage  to  their  vil- 
lage, and  as  soon  as  they  arrived  prepared  to  execute  their 
promise  to  the  Natchez.  There  was  then  at  Fort  St.  Claude 
only  a  little  garrison  of  about  twenty  men,  with  none  to  com- 
mand but  sergeants,  the  Sieur  du  Coder,  the  commandant  of 
the  post,  having  been  killed  at  Natchez,  as  I  have  already  re- 
lated. Three  or  four  days  after  their  arrival,  the  Indians 
repaired  to  the  fort  in  great  numbers  and  dispersed  in  knots 
among  the  cabins,  without  any  one  thinking  of  opposing  them ; 
then,  when  no  one  expected,  they  fell  on  the  French  and  mas- 
sacred them  all,  not  one  escaping.  Thus  was  destroyed  the 
Yazoo  post,  which  lay  forty  leagues  above  Natchez:.  This 
accident  happened  in  the  beginning  of  the  year  1730. 


■  m 


CnAPTER   XXXI. 


CONDUCT  OF  THE  CUOCTAWS— THEIR  DISCONTENT— COUNCILS  REPEAT- 
EDLY HELD  BY  THE  NATCHEZ. 


From  what  I  have  said  till  now,  it  is  natural  to  conclude 
that  the  Sieur  Chopart  was  the  sole  origin  and  only  cause  of 
the  m.sfortune  which  befell  these  two  posts.  The  Natchez,  who 
natura'ly  loved  our  people  at  first,  aimed  only  at  him,  and  re- 

*  See  llistorical  Colleetionx  of  Louisiana,  vol.  iii.,  p.  154,  for  another  version  of 
this  incident,  in  .ill  probability  more  correct,  and  drawn  from  the  missionary's 
own  account. 

6 


^  \^  ^ 


IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


// 


4^ 


1.0 


I.I 


Ii^i2.8 

■  50     ^^" 


tti 


1^ 

■  40 


■  2.2 
2.0 

18 


L25   1  1.4      16 

^ 

6"     

► 

p^ 


y 


Photographic 

Sciences 
Corporation 


^^ 


23  WEST  MAIN  STREET 

WEBSTER,  N.Y.  14580 

(716)  S72-4503 


•«v' 


> 


^ 


O 


u^^ 

U 


82 


niSTORICAL  MEMOIRS  OF  LOUISIANA. 


solved  to  massacre  all  tlie  French,  only  because  they  feared  to 
draw  on  themselves  a  cruel  war,  if  they  only  cut  ofl'  the  com- 
mandant. Besides,  they  hoped  that  the  Choctaws  would  keep 
their  word  and  destroy  all  the  French  down  the  river,  and  in 
this  way  they  were  convinced  that  after  the  execution  of  their 
design  they  had  no  enemy  to  fear. 

They  were  soon  undeceived ;  God  did  not  permit  so  dark  a 
plot  to  succeed  to  itt  full  extent.  When  the  Choctaws  prom- 
ised the  Natchez  deputy  to  destroy  the  French  down  the  river, 
they  had  agreed  to  make  the  attack  on  the  same  day,  in  order 
to  secure  the  general  massacre  they  intended,  and  it  was  to 
avoid  missing  this  day  that  they  exchanged  bundles  of  little 
sticks. 

The  first  of  December  was  to  have  been  the  fatal  day. 
Every  day  after  the  formation  of  the  plot  the  chief  of  each 
nation  burnt  one  of  the  fatal  sticks ;  but  it  happened  that  one 
day  the  great  chief  of  the  Natchez  went  to  the  tem])le,  and 
after  throwing  one  of  the  sticks  into  the  fire  according  to 
custom,  turned  to  speak  to  the  guard  of  the  temple.  At  this 
moment  his  little  son  whom  he  had  brought  with  him,  wishing 
to  imitate  his  father,  took  two  and  throw  them  into  the  fire : 
and  the  Natchez  thus  anticipated,  by  two  days,  the  period 
fixed  for  the  general  massacre,  and  began  the  attack  on  the 
29tli  of  November. 

As  for  the  Choctaws,  among  whom  no  such  mistake  had 
occurred,  they  were  punctual  in  keeping  their  promise  on  the 
appointed  day.  On  the  first  of  December  they  came  in  sight 
of  New-Orleans  to  the  number  of  six  hundred,  and  had  only 
Lake  St.  Louis  to  cross  in  order  to  reach  the  city.  They  now 
sent  a  deputation  to  Sieur  Perier  to  ask  leave  to  enter  and 
present  him  the  calumet.  Notwithstanding  the  advantage 
apparently  to  be  derived  from  accepting  it,  the  commandant- 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


83 


ared  to 
le  coin- 
id  keep 
and  in 
of  tlicir 

i  dark  a 
J  prem- 
ie river, 
in  order 
t  was  to 
of  little 

,tal  day. 

f  of  each 
til  at  one 

iple,  and 
rding  to 
At  this 
,  ^vishing 
the  fire : 
kc  period 
on  the 

take  had 
Ise  on  the 
in  sight 
had  only 
hicy  now 
inter  and 
|dvantage 
landant- 


gcneral  deemed  it  imprudent  to  admit  so  large  a  body  of 
Indians  into  the  capital,  and  refused  to  receive  them,  lie 
simply  told  them,  that  if  their  chief  would  come  with  an 
escort  of  thirty,  he  should  be  welcome.  This  refusal  of  the  com- 
mandant, disconcerted  the  Clioctaws,  who,  on  tlioir  way  back 
vented  their  spite  by  killing  some  of  the  cattle  belonging 
to  Sieur  de  Chaumont's  concession  at  Pascagoulas. 

Soon  after,  these  same  Indians  sent  a  considerable  party 
to  the  Natchez  to  present  the  calumet  to  the  great  chief;  and 
at  the  stake  dance,  the  presents  were  in  their  eyes  too 
insufficient,  consisting  only  of  coarse  shirts,  kettles,  looking- 
glasses,  vermilion,  &c.,  without  guns,  powder  or  balls.  The 
deputies,  who  had  learned  what  had  happened,  were  loud 
in  their  complaints  against  the  Natchez  for  anticipating  two 
days  the  general  massacre  of  the  French,  calling  them  dogs, 
that  wished  to  keep  all  for  themselves,  without  commu- 
nicating with  those  who  had  promised  to  help  them,  and  that 
they  had  beyond  all  doubt  been  the  cause  why  the  great 
French  chief  would  not  let  them  pass  to  the  capital.  They 
threatened,  too,  to  make  them  repent  it. 

After  this  first  party  of  Choctaws  came  a  second,  who  were 
not  better  satisfied  with  their  presents  than  their  })redcccssor8. 
Hearing  that  the  Natchez  had  killed  a  little  French  boy 
on  the  death  of  one  of  their  children,  and  were  cvcu  deliber- 
ating whether  they  should  not  kill  all  their  slaves,  as  they 
were  afraid  they  might  cause  a  war  with  the  Choctaws, 
the  Choctaws  striking  the  stake,  f  )rbid  them  to  kill  any  of 
their  slaves,  women,  girls,  or  boys,  declaring  that  if  they  did, 
they  would  have  to  settle  with  them.  These  threats  arrested 
the  fury  and  cruelty  of  the  Natchez,  who  from  that  time  were 
troubled,  held  frequent  councils,  uncertain  what  resolution  or 
steps  to  take. 


i'l 


I 


\    I 


84 


UlrtTOUlCAl.  MKMOIIW  OK  LOUISIANA. 


Cll  ATTKU   X  XML 

Tiir.  yt:trs  oh'  rut:  nis.isrr.N  at  m.rnnt:/.  K^:  i<-iif:s  tuf.  c. irir.it.  ~ 
THK  cut:*  ii.if.R  ;>»;  i.oiiifois  mahiiifs  itiAiMsr  ruy.M. 

'Vuv.  Ilrst  who  l)n>nf;;lit.  to  tluM'iipitnl  litlinj^s  of  Ihr  dinnMlrr 
at  Natch«>/,  was  tlu*  Sicnr  IlicanI,  tlu>  st»>n'l\»'('j)i>p,  ami  as  lie 
arrivoii,  all  terror-striokcii  ami  in  a  wivtohcd  condition,  allcr 
tho  painlul  Jounify  that  ho  had  just  inaiK',  almost  dostitiito  of 
provisions,  pooplo  boliovcd,  whon  ho  told  his  story,  that  ho  had 
li>st  his  hoad,  as  no  ono  oould  iniaji;ino  that  tho  massacro  oouhl 
have  boon  as  gonoral  as  ln>  said,  l^nt  tho  oonllrmation  of 
all  that  ho  had  rolatod  so(Hi  oaino.  (\>nillaid,  tho  niastor- 
oarpontor,  who  had  boon  at  work  with  sonio  mon  in  a  oypn'ss 
trnno  noar  Nati'ho/,  hoaring  of  what  had  hapju'iiod,  rosolvod  to 
tly.  Thoy  hail  two  Natolnv-  Indians  who  aotod  as  hnntors  ; 
thoy  bo^an  by  killing  thos(>,  and  thon  loadod  a  largo  boat  with 
provisions,  thoir  tools  and  all  that  bolongod  to  thonj,  and  wont 
down  tho  rivor.  As  thoy  passod  tho  galloy  thoy  wore  sahitod 
bv  a  vollov  *>f  nuiskotry  from  tho  Indians  on  board,  but  no 
ono  was  hurt;  and  on  tho  third  of  IVoonduM-  thoy  roaoliod 
Now-Orloans,  and  oontirmod  all  that  Siour  Kioard  had  n>latcd 
of  tho  disaster. 

As  with  suoh  tonnal  lostimony  thoro  was  no  longer  room 
for  doubt,  Porior  iminodiatoly  proceeded  to  take  measures  to 
avenge  so  horrible  a  deed.  With  this  view,  lie  iirst  .sent 
to  the  Choetaws  tho  Sieur  dc  Levy,  an  oflieer  wlio  was  j)er- 
fectly  acquainted  with  all  the  Indian  languages,  to  gain  that 
tribe  to  his  interests  and  induce  them  to  join  him.  Dis- 
contented as  they  were  with  the  reeejition  given  by  the  Nat- 
che/-  to  their  recent  deputations,  pit^ued  too  at  their  breach  of 


IIIST<)HICAI<  MKMOIIIH  OF  I<OUrHrANA. 


85 


promi.sc.  iti  advariciiijj;  tlio  day  (tf  t.lio  tniiasjirn',  tli<!  OlioctiiwH 
rasily  ciitcnMl  iiilo  the,  (•.(Mriinatnlant'/^cncriirH  plan  of  vcii- 
p;»'ati('«\  'l^li<'y  promiwd  to  H<!rv«^  tlm  KrcMicli  in  the  <;arnpai}j;ii 
with  all  their  forces,  and  instantly  hej.'jan  to  prepare  provisions 
nwH'ssary  /or  their  niareh. 

As  soon  as  Sii^ir  l'eri(!r  heard  this,  he  Corrned  a  little  army, 
com|iosed  of  troops  and  sorn<5  settlers,  and  ji;ave  the,  eotnniand 
to  th(!  (lhevali(!r  iioulxjis,  l<in;^\s  lieuti^iant.  These  troops 
embarked  in  sciveral  boats,  with  the  neeessiiry  j)r()visions  and 
aniniiinition,  and  aseendin;^  the  rive.r  reaelie<l  the  Tonieas, 
when;  tln-y  were!  welcomed  by  tlx;  f^reat  chief  oi"  that  nation, 
who  had  cntirctly  re«'()vercd  from  the  wound  reeciivcd  in  the 
last  expedition.  Here  they  (bund  several  l*Venehmen  who  had 
escaped  the  general  rnassa(;re  and  rea(;hed  this  plaei;  by  land, 
liniling  a  welcome  from  tlu;  Tonicas,  who  entertained  tlnun 
hospitably.  AlUu'  paying  their  <!xpenses  and  satisfying  the 
(claims  of  their  hosts,  the  Chcivalier  do  lioubois  (iurolled  them 
in  his  troops;  and  as  he  <iid  not  d(!em  his  force  large  «'nough 
to  march  against  the  Natchc/i  alone.  In;  built  a  Jbrt  at  this 
placid,  and  awaited  with  his  army  the  arrival  of  the  Choctaws. 

Impatient  how<;ver  at  h(!aring  nothing  of  them,  lie  looked 
around  for  some  volunteers  to  S(;rjd  out  na  scouts  to  learn  the 
niareh  of  his  allies,  and  especially  what  was  going  on  at  Nat- 
chez. Five  offered,  namely:  the  Si(!ur  Mespleix,  who  had 
already  distinguished  himself  in  the  first  war;  Navarre,  a 
soldier  and  R(!ttler  at  Natchez,  wlio  had  marri(!d  an  Indian 
girl  there ;  the  Sieur  de  St.  Amand,  a  good  gentleman,  and  two 
army  (bnimmers.  'VUc  (Jh(;valicr  do  Loubois  gave  them  all  they 
asked,  and  tlicy  went  up  the  river  in  a  little  piragua  till  with- 
in three  leagues  of  the  great  Natchez  village.  There  they 
lauded  and  slept;  the  next  morning  at  daybreak,  after  break- 
f.Lsting  perhaps  a  little  too  early,  they  marched  on  and  reached 


I 


.'  -i!  If 


f,   :< 


^11 

i: 


m 


..  -uiij.  imujiiiijjjriiiuiMJiiiiwiii 


86 


UISTORICAL  MEMOIRS  OF  LOUISIANA. 


Tcrrc-Blaiichc,  where  they  found  all  the  buildings  in  ashes. 
From  this  to  the  Great  Village  was  only  half  a  league,  but 
instead  of  hiding  or  stealing  noiselessly  on  so  as  not  to  be  dis- 
covered, they  advanced  boldly,  as  though  they  had  nothing  to 
fear;  accordingly  they  had  not  got  within  a  quarter  of  a  league 
of  the  village  when  they  were  surrounded  by  Indians.  They 
then  tlirew  themselves  into  a  ravine  which  formed  a  kind  of 
entrenchment,  and  Navarre,  wlio  spoke  the  Natchez  very  well, 
harangued  them  as  he  fired  on  them,  calling  them  dogs, 
unworthy  to  live :  telling  them  that  all  the  tribes  were  on  the 
march  to  attack  them,  and  that  ]iot  one  of  them  would  escape. 
The  Indians,  who  knew  him,  in  vain  called  on  him  to  sur« 
render ;  his  only  answer  Avas  an  incessant  fire,  in  which  he 
was  imitated  by  his  companions.  At  last,  the  Indians,  despair- 
ing of  taking  them  alive,  fired  and  wounded  Navarre  and 
Sieur  Mesplcix ;  but  the  former,  wounded  as  he  was,  stubborn- 
ly refused  to  surrender,  and  continued  reviling  them,  till  tired 
of  his  invectives  they  fired  again  and  stretched  him  dead 
on  the  ground.  Then  Mesplcix  and  the  other  three  threw  down 
their  arms  and  asked  for  quarter. 

As  soon  as  they  were  in  the  hands  of  the  Indians,  they  were 
taken  to  tiie  great  chief,  who,  addressing  Mesplcix,  asked  what 
brought  him  into  their  land.  The  Frenchman  replied  that  he 
came,  on  behalf  of  his  general,  to  know  of  him  whether  he 
wished  peace  with  the  French.  "  But,"  replied  the  Indian, 
"  people  that  come  to  treat  of  peace  do  not  fire.  See,  thou  art 
wounded,  and  Navarre  is  dead."  Mospleix  answered,  "  that 
Navarre  had  lost  his  head  from  drinking  too  much  brandy ; 
that,  for  lis  own  part,  he  had  thrown  down  his  arms  as  soon  as 
Navarre  was  dead,  so  that  he  might  learn  of  him,  on  behalf  of 
his  general,  whether  he  wished  peace  with  tlie  French  or  not." 
The  great  chief  replied  "  Yes,"  and  ordered  the  four  prisoners 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


87 


to  be  sot  at  liberty.  lie  then  culktl  !vlmc.  Dcsnoycrs,  wife  of 
the  director  of  Terrc  Blanche,  who  had  been  killed  on  the  day 
of  the  massacre,  and  ordered  her  to  write  to  the  French  general 
*'  that  if  he  wishcil  peace,  he  must  for  each  slave  furnish  so  many 
quarts  of  brandy,  so  many  ells  of  linibourg,"  &c.  This  savage 
raised  his  j)retensions  so  high,  that  had  they  accepted  liis 
terms,  all  the  storehouses  of  the  company  and  all  the  mer- 
chants of  the  ea})ital  could  not  have  met  his  demands.  Mme. 
Dcsnoycrs  wrote  all  that  he  wished,  and  availed  herself  of  the 
occa.sion  to  expose  to  the  Chevalier  de  Loubois  the  sad  state  of 
slavery  to  which  she  and  her  companions  were  reduced.  She 
then  handed  her  letter  to  the  great  chief,  who  gave  it  to  one  of 
the  drummers  taken,  with  orders  to  deliver  it  to  his  general, 
and  bring  back  an  answer  in  three  days.  Never  indeed  was  a 
commission  more  joyfully  accepted ;  the  drummer  started  off 
at  full  speed,  without  ever  looking  behind  him,  and  the  same 
day  reached  the  Chevalier  de  Loubois,  whom  he  informed  of 
all,  and  delivered  the  great  chief's  letter.  That  officer,  as  may 
be  imagined,  paid  no  attention  to  it,  and  consequently  sent  no 
ansAver. 

During  the  three  days  given  by  the  great  chief  for  the 
drummer  to  return,  Mcspleix  and  his  two  companions  remain- 
ed amoug  the  French  women,  and  were  pretty  well  treated, 
always  however  kept  in  sight  by  the  Indians,  Avho  were  afraid 
they  would  escape.  On  the  fourth  day,  however,  the  great 
chief  receiving  no  answer  to  his  letter,  burst  into  a  furious 
anger,  and  on  the  spot  condemned  them  to  death.  They  were 
at  once  stripped,  blackened  with  charcoal  and  taken  out  of  the 
village.  The  Sr.  de  St.  Amand  and  the  drummer  had  not  much 
to  suffer,  and  were  soon  out  of  misery  ;  but  not  so  with  Sicur 
Mesplcix,  who  was  recognized  as  having  served  in  the  first 
war.  The  Indians  began  by  scalping  him,  and  did  it  so 
adroitly  as  not  to  injure  any  of  the  bones ;  they  then  bound 


i 


■I 


>™ II    ]««■«, 


<l  < 


I 

k 


1 

1 

i 

1, 

1 
1 

)    ft 

u 

]  4'-' 

88 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


him  to  the  frame  to  burn  him  with  their  ceremonies,  their 
intention  being  to  make  him  shed  tears,  so  as  to  call  him 
a  woman  and  not  a  warrior  ;  but  he  disappointed  their  expec- 
tations, suii'ering  the  frightful  torment  with  wonderful  courage 
and  without  a  tear. 

The  Indians  meanwhile  were  uneasy.  One  night  tliey  sent 
for  a  French  woman  who  spoke  their  language.  When  she 
came  into  the  cabin  where  they  were,  all  armed  with  guns, 
clubs  or  axes,  they  began  to  question  her,  but  she  was  so  ter- 
rified that  she  could  not  answer  them  at  first.  At  last,  how- 
ever, she  asked  them  what  they  wanted.  The  Indians  told 
her  that  they  wished  to  know  if,  after  having  fought  with  their 
enemies,  the  French  became  friends  again  ;  she  told  them  that 
war  did  not  prevent  their  seeing  and  mingling  with  each  other 
after  the  combat.  "  Well,"  they  continued,  "  thou  knowcst 
that  in  the  first  war  we  gave  the  French  the  head  of  Oldhair, 
the  White  Apple"  Chief :  his  death  has  not  been  avenged; 
let  them  agree  that  the  head  of  the  French  Chief  of  Fort 
Rosalie  pass  for  his."  The  woman  replied  that  this  was  a 
good  idea.  They  then  asked  her  whether  it  was  true  that  the 
French  were  at  the  Tonicas,  and  why  they  did  not  come  on? 
She  replied  that  they  were  there,  and  did  not  come  because 
they  feared  to  be  treated  like  the  rest.  Apparently  satisfied 
with  her  answers  they  sent  her  away. 

The  next  day  they  had  some  sorceries  performed  by  an  old 
Indian  woman,  who  passed  for  a  great  magician.  After  many 
ceremonies,  such  as  these  imposters  use  to  deceive  gross  and 
ignorant  minds,  she  told  them,  as  a  great  mystery,  what  all  the 
world  could  guess  as  well  as  she,  that  in  a  little  while  their  vil- 
lage and  fort  would  be  surrounded  by  a  great  number  of  living 
men,  adding  that,  during  the  previous  day  and  night,  there 
had  been  several  spies  among  them.  After  all  these  meetings 
the  Indians  kept  quiet,  although  still  anxious  for  the  future. 


UISTOUICAL  MKMOIUS  OF  LOUISIANA. 


89 


CHAPTER    XXXIII 


ARRIVAL   OF  THE  CHOCTAfVS  AT  NATVnt:/..  -irHAT   TUF.Y  DID  TIIF.nK 


there 
letings 


In  the  month  of  February,  1730,  the  Choetuws  arrived  at 
Natchez,  to  the  imiuber  of  about  sixteen  huudrod,  aceoinpauied 
by  the  Sieur  do  Lery,  both  as  aUies  of  the  Freiieh  and  to  puu- 
isli  the  Natchez  for  not  keeping  their  word.  They  a})peared  near 
the  Great  Village  bearing  the  calumet  aloft,  but  liring  their 
guns;  this  warned  the  Natchez,  who  were  dispersed  h».'re  and 
there  in  cabins,  to  abandon  them,  and  retire  to  the  fort  with 
their  wives  and  cliildren.  The  white  woman,  who  was  some  dis- 
tance off,  had  only  time  to  take  what  was  most  valuable,  being 
obliged  to  leave  all  the  French  women,  her  slaves,  in  the  cabin. 
The  Choctaws  finding  them,  entered,  and  having  lirst  made 
sure  that  there  were  no  Natchez  among  them,  stri[)})ed  these 
poor  slaves  again,  though  they  came  as  friends  of  the  Invnch, 
and  actually  took  all  they  had  been  able  to  keep  when  taken 
the  first  time.  At  the  same  time,  they  found  in  the  cabin  an 
old  Indian  woman,  who  had  been  unable  to  follow  the  female 
chief;  they  scalped  her,  and,  tying  her  ,  a  bundle  of  dry 
canes,  burnt  her  by  a  slow  lire. 

While  one  party  of  Choctaws  were  pillaging  this  cabin, 
others  hovered  around  the  fort  of  the  Natchez,  in  hopes  of 
killing  or  catching  some  one ;  the  wliole  morning  was  spent 
in  firing,  though  not  a  shot  took  effect,  as  they  fired  too  lar  off. 
About  three  o'clock  in  the  afternoon,  wishing  to  retreat,  a  con- 
siderable body  of  the  Natchez  sallied  out  and  fired ;  wounded 
one  of  the  French  women  in  the  leg,  though  not  so  as  to  pre- 
vent her  following.     The  Choctaws  reached  the  ground  where 


■:i 


m 

•!*1'/ 


m. 


;ure. 


iH' 


SBs: 


00 


HlriTORICATi  MKMOIUS  OF  LOUISIANA. 


St.  Catharine's  concession  liad  l)con,nn<l  remained  there  nearly 
a  infMitli,  without  lUKh^rtakini!;  anything  a^'ainst  the  enemy. 
Tiierc  were  onl\' .><om('  skirmishes  between  tlieni,  which  served 
to  consume  tlieir  powder. 


CHAP  TEH    XX  XIV. 

ARRirAt  OF  CHEyjLIF.ll  LOUIIOIS  A  T  N.iTUUE/,.— SUCCESS  OF  HIS  EWE- 

Diriox 

In  tlio  folh)wing  month  of  March  tlic  Chevalier  de  Lonbois 
reached  Natchez.  As  soon  as  the  army  landed,  it  encamped, 
and  remained  in  the  sume  jilaco  about  five  days,  and  then 
marched  agauist  the  enemy,  who  had  shut  themselves  up  in 
their  fort  with  their  wives,  children,  negroes,  and  the  remaining 
French  women.  Four  days  were  spent  in  going  from  the 
camp  to  the  fort,  on  account  of  a  pii'ce  of  artillery  that  had  to 
be  drawn  by  hand,  and  was  so  heavy  that  it  could  hardly  be 
moved.  They  at  last  arrived  before  the  fort  and  opened 
trenches  in  foi'm.  A  few  days  after,  the  Indians,  who  knew 
the  ground  much  better  than  the  French,  having  made  a  sally 
on  the  troops  there,  poured  in  so  quick  and  sudden  a  volley 
that  they  abandoned  tlieir  jDost  in  hot  haste.  The  officer  in 
command  in  vain  endeavored  to  rally  and  retain  them ;  they 
would  not  hear  him,  and  he,  finding  himself  not  supported,  had 
to  rejoin  the  main  body.  Meanwhile,  a  fire  was  kept  up  on  the 
fort,  though  with  little  success,  and  there  was  small  prospect 
of  a  speedy  capture;  for  the  Indians  defended  it  stoutly,  keep- 
ing up  a  galling  fire,  and  even  using  the  cannon  taken  from 
Fort  Eosalie  to  fire  on  us,  though  it  was  not  of  much  service 
to  them,  as  they  were  not  able  to  work  it  properly. 


i 


IliSTOHICAL  MEMOIRS  OF  LOUISIANA. 


91 


Tlicrc  was  in  the  army  a  very  bravo  sergeant  ealled  IVn-n- 
villc,  who  (lireeted  our  cannon.  One  day,  provoked  at  tlio 
little  harm  done  to  the  enemy's  palisade,  he  filled  his  j)oek(>ta 
with  grenades,  and  taking  a  toldier  as  a  companion,  reached 
the  fort,  covered  by  the  obscurity  of  tin;  night.  'I'lu're  he 
found  that  he  had  forgotten  what  was  most  essential,  that  is, 
means  of  striking  lire,  and  sent  his  companion  to  get  some; 
but  the  Chevalier  de  Loubois,  hearing  of  their  design,  I'orbid 
them  to  go  on,  for  fear  that  so  many  French  women  at  Nat- 
chez might  suller  by  the  grenades.  Obliged  to  furcgo  hi.s 
plan,  Bienville  returned  to  the  camp,  and  was  shot  during  the 
firing  the  next  day. 

A  few  days  after,  an  adventure  occurred  whi(;h  enabled  another 
soldier  in  the  army  to  signalize  himself.  'Vho  Sicur  ])uj)arc, 
who  had  followed  the  Chevalier  d(!  Loubois  as  interpreter, 
took  one  of  the  standards  of  the  army  an<l  planted  it  IxHween 
the  camp  and  the  enemy's  fort,  intending  to  address  the 
Indians,  and  urge  them  to  surrender  and  become  friends  of 
the  French,  promising  to  grant  them  peace.  But,  either 
because  they  did  not  understand  him,  or  slighted  his  ])romises 
and  exhortations,  they  fired  on  him,  and  compelled  him 
to  retire  Avith  precipitation.  At  the  same  time,  the  Indians 
made  a  sally  to  carry  the  flag  which  he  had  planted  and  left, 
and  several  of  the  French  women  availed  themselves  of  the 
chance  to  cseajie,  and  though  fired  on  from  the  fort,  they  all 
reached  the  camp  in  safety.  In  this  interval,  a  young  soldier 
ran  out  of  the  ranks  towards  the  fiag,  reached  and  carried  it 
oft',  after  which  he  came  and  presented  it  to  the  Chevalier  do 
Loubois,  who  made  him  a  sergeant. 

As  among  the  F'rench  women  who  had  escaped  were  some 
who  had  left  children  behind,  and  even  babes  at  the  breast,  the 
Indians,  to  avenge  themselves  for  the  flight  of  the  mothers, 


f} 


M 


IIISTOUICAL    MKMOIRS  OF    LOUISIANA. 


hftd  tho  cruelty  to  drug  these  poor  litth;  creatures  on  their 
faces  through  the  fort,  niid  after  stifling  them,  to  fling  their 
bodies  over  the  palisades.  Others  in  great  numbers  wero 
impaled  on  the  palisade  itself,  because,  sleeping  with  tlieir 
mothers  in  the  open  air  and  catching  cold,  their  inccs- 
.sant  coughing  troubled  the  Indians  and  ])rcvented  their 
talking. 

Alt'iinwhile,  the  lines  were  drawn  nearer  the  fort,  and  they 
had  got  (juite  near,  without  there  being  any  liope  of  a 
surrender  by  the  Indians,  when  one  morning,  after  they  had 
worked  all  night  pushing  on  the  cannon  and  arranging  the 
sand-bags,  they  perceived  that  the  enemy  had  lowered  thi'ir 
flag,  whieh  showed  a  wish  to  capitulate.  In  lact,  they  had 
agreed  among  themsi'lves  to  come  to  terms,  and  the  great  chief 
liaving  summoned  Mme.  ])esnoyers  and  explained  his  inten- 
tions, .she  was  soon  seen  leaving  the  fort  and  crossing  the 
plain  to  reach  the  general's  tent,  where  she  asked  peace  on 
behalf  of  all  that  nation.  Her  ])roposition  was  well  received, 
and  accepted  on  condition  that  the  Natchez  surrendered  all 
the  French  women  made  slaves,  with  their  children  and  all 
the  negroes.  After  this  answer  Mme.  Desnoyers  returned 
to  the  fort  to  announce  it  to  the  great  chief,  who  submitted  to 
these  conditions,  merely  asking  that  neither  the  French  nor 
the  Choctaws  should  enter  tlie  fort  till  the  following  day  ;  this 
was  granted.  The  auxiliary  troops  were  then  detached  to 
receive  from  their  hands  the  French  women  and  children,  and 
the  negroeSjwith  Mayeux  and  Lebeau,  the  two  1^'renchmen  s])ared 
in  the  general  massacre.  After  having  thus  withdrawn  all  the 
prisoners  from  the  hands  of  the  Indians,  the  Chevalier  de 
Loubois,  who  had  till  then  abstained  from  using  grenades  for 
fear  of  hurting  these  very  prisoners,  resolved  to  keep  his  word 
with  the  Indians  Jis  they  had  kept  it  with  others,  and  early 


n 


HISTORICAL  MEMOIIIS  OF  LOUISIANA. 


03 


next  morning  prepared  to  renew  the  siege  more  vigorously 
than  ever,  when  ho  found  out  that  the  Natche/i  had  anticipated 
him  and  abandoned  the  fort  by  night,  taking  with  tlieni  all 
that  they  had. 

On  the  other  hand,  they  had  considerable  difTieulty  in 
rescuing  the  prisoners  from  the  hands  of  the  Choctaws  who 
were  in  possession  and  seemed  ready  to  dispute  it,  as  if  they 
were  their  slaves.  The  dispute  between  the  general  and  these 
Indians  got  so  warm  that  they  were  on  the  point  of  coming  to 
blows,  when  the  great  chief  of  the  Tonicas  appeased  them, 
and  induced  them  to  take  the  gocxls  oifennl  in  exchange 
for  the  prisoners.  The  Chevalier  do  Loubois  gathered  all  he 
could  find  in  the  camp,  and  as  even  that  did  not  meet  the 
cupidity  of  the  Choctaws,  ho  persuaded  them  to  wait  till  the 
next  day,  promising  to  deliver  them  the  balance  of  goods 
required.  By  this  means  he  succeeded  in  delivering  from 
their  hands  all  the  Frencli  women  and  children,  whom  he 
gathered  at  the  foot  of  the  hill,  and  during  the  night  put  in 
vessels  to  go  to  the  capital.  The  next  morning  tlie  Choctaws, 
not  seeing  the  prisoners,  became  much  more  tractable  ;  they 
could  not,  however,  be  induced  to  give  up  some  negro 
slaves,  whom  they  still  kept,  and  a  little  French  boy,  whom 
they  carried  off  as  hostages  and  security  for  the  promises 
made  them. 

The  Indians  having,  as  I  said,  abandoned  their  fort,*  it  was 
fired,  and  the  whole  army  decamped  and  returned  to  the  spot 


^1 
tr 


If 


*It  is  8till  a  mooted  point  where  this  palisade  fort  of  the  Natchez  was  located. 
It  has  been  placed  by  some  persons  on  the  plantation  of  "  Fatherland  ;"  and  by 
others,  upon  the  blulT  just  below  the  bend  of  St.  (Catharine's  Creek,  near  the 
"  Lynwood"  plantation.  As  the  latter  place  is  susceptible  of  strong  defence,  and 
some  appearance  still  exists  of  a  fort  having  been  once  built  there,  I  am  in- 
clined to  think  it  must  be  the  spot  where  the  brave  Natchez  made  their  last  and 
valiant  fight  in  defence  of  their  rights,  their  liberty,  and  their  country. 


11 


.jmmmmnm 


'^■"'  'I""*" 


w  ,^ 


94 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


'- 


where  Fort  Eosalie  had  been.  There  they  began  to  raise  a 
new  fort  of  earth,  with  barracks  for  the  soldiers  and  houses 
for  the  officers ;  and  as  soon  as  it  was  in  a  state  of  defence,  the 
Chevalier  de  Loubois,  leaving  there  a  hundred  and  twenty  men, 
under  the  command  of  Chevalier  Baron  de  Cresnay,  with  pro- 
visions and  ammunition,  embarked  with  his  army  and  re- 
turned to  the  capital.* 


CHAPTER    XXXV. 

RETREAT  OF  THE  NATCHEZ.— CONTISUATIOS  OF  HOSTILITIES. 

As  soon  as  the  French  women  who  had  been  rescued  from  the 
hands  of  the  enemy  reached  New- Orleans,  the  intendant  or  com- 
missary ordinator  had  them  conducted  to  tl  •,  hospital,  where 
every  care  was  taken  to  restore  them  to  health,  not  only  by  good 
food,  but  also  by  all  suitable  remedies ;  and  a  they  had  been 
stripped  of  all  they  had,  first  by  the  Natchez  ;  id  next  by  the 
Choctaws,  the  company  was  good  enough  to  n  \rance  them  all 
*hat  they  thought  necessary  to  re-establish  th'  iselves.  Some 
of  them,  instead  of  going  to  the  hospital,  wo  ;  to  taverns,  or 
houses  of  friends.  Some  of  these  Ibuud  husu..  ids  who  had 
fortunately  escaped  and  joined  them,  and  the  widows  soon 
found  new  husbands.  In  the  end,  most  of  the  survivors  of  the 
general  massacre  settled  at  Point  Coupee,  fifty  leagues  from 
the  capital,  about  halfway  between  it  and  Natchez. 

As  for  the  Natchez  Indians,  after  abandoning  their  fort  to 
strike  into  the  woods,  they  thought  of  going  to  settle  else- 
where ;  and,  leaving  the  right  bank  of  the  river,  went  near 

*  See  the  Dispatches  of  Pcricr  and  D'Artaguette,  in  Appendix. 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


95 


fort  to 
le  else- 
it  near 


Black  River,  which  empties  into  that  of  Naquitochcs,  called 
by  fomc  Red  liiver.  There  they  built  a  village  and  fort  on 
the  model  of  that  from  which  they  had  been  driven,  and 
another  three  leagues  further  inland.  Meanwhile,  though 
they  had  apparently  abandoned  the  grounds  around  Fort 
Rosalie  and  made  peace  Avith  the  French,  they  did  not  dis- 
continue acts  of  hostility  to  them  and  their  property. 

A  new  fort  and  buildings  had,  as  I  have  said,  been  raised 
at  Natchez.  As  they  needed  cypress  bark  to  cover  them,  a 
party  of  twenty  men,  well  armed  and  provisioned,  were  sent 
to  a  neighboring  cypic.-:s  grove,  about  a  league  and  a  half  below 
the  fort  on  the  river.  jVt  first  all  was  quiet ;  but  live  or  six 
days  after  they  were  surprised  by  a  party  of  Natcheis,  who, 
attacking  them  unexpectedly,  killed  and  scalped  them  all.  In 
this  catastrophe  perished  the  soldier  whom  Loubois  had  made 
a  sergeant  for  bringing  back  to  the  camp  an  abandoned  flag, 
when  the  army  lay  encamped  before  the  Natchez  fort.  The 
soldier  who  had  escaped  the  first  massacre  by  getting  into  an 
oven  was  here  also,  and  again  escaped  by  hiding  in  a  hollow 
tree.  He  returned  to  the  fort  the  next  day  alone,  to  announce 
the  fate  of  his  comrades. 

The  fact  I  am  about  to  state  shows  how  bent  these  Indians 
were  on  the  ruin  of  our  nation,  when  six  of  them  dared  to 
undertake  the  destruction  of  a  whole  garrison  of  more  than  a 
hundred  men.  A  few  days  after,  these  Indians  presented 
themselves  at  the  gate  of  the  fort,  saying  that  they  were 
Choctaws.  As  Indians  arc  much  alike,  it  is  not  easy  to 
avoid  mistaking  them,  unless  you  are  aware  of  their  distinc- 
tive marks,  which  for  the  most  part  consists  merely  in  the 
manner  of  wearing  their  hair ;  these  v>'ere  taken  for  real  Choc- 
taws, and,  though  armed,  were  admitted. 

As  soon  as  they  were  in  the  fort  they  walked  about  like 


i 


:i 


'fiii 


m 


-J. 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


friends,  caressing  the  French,  shaking  their  hands,  and  show- 
ing great  aifection,  but  in  about  half  an  hour  they  changed 
tone  and  manner,  fell  on  some  soldiers  who  were  off  their 
guard,  murdered  them  and  killed  the  sentinel.  The  noise  of 
this  sudden  attack  alarmed  the  whole  fort,  all  ran  to  arms,  the 
doors  were  closed,  but  as  the  Indians  had  got  possession  of  the 
guard-house,  they  defended  themselves  stoutly  for  two  hours, 
when  five  were  killed,  and  the  sixth  taken  alive  and  burnt  at 
the  frame.  As  for  the  French,  five  were  killed  and  several 
wounded.  This  accident  taught  the  garrison  to  be  more 
circuuispcct  in  future  and  better  on  their  guard. 

At  this  time  it  happened  that  a  party  of  Tonicas,  who,  after 
all,  were  the  only  tribe  really  friendly  to  us,  having  taken  a 
Natchez  woman,  brought  licr  to  New-Orleans  and  presented 
her  to  the  commandant-general.  He  gave  her  back,  telling 
them  to  dispose  of  her  as  they  liked ;  thej"^  accordingly  re- 
solved to  show  the  French,  in  the  treatment  of  this  slave,  how 
the  Indians  treat  their  prisoners  taken  in  war.  A  frame  was 
raised  on  an  elevated  spot  near  the  river,  between  the  city  and 
the  government  house,  and  here  the  poor  wretch  was  tied  and 
burnt  with  their  ceremonies,  before  the  whole  city,  who  flocked 
to  witness  the  spectacle.  She  was  burnt  first  on  one  side,  then 
on  the  other,  all  down  the  body,  but  during  that  long  and 
cruel  torture  never  shed  a  tear.  On  the  contrary,  she  seemed 
to  deride  the  uuskilfulncss  of  her  tormentors,  insulting  them, 
and  threatening  that  her  death  would  soon  be  avenged  by  her 
tribe. 

Her  prophecy  was  soon  accomplished.  A  few  days  after 
this  cruel  execution,  a  large  party  of  Natchez  came  to  the 
Tonicas  to  present,  as  they  said,  the  calumet  to  the  great  chief 
and  make  peace,  not  only  with  him  but  also  with  the  French. 
The  great  Tonica  chief  thought  it  inexpedient  to  accept  the 


i    ? 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


97 


jhow- 
anged 

their 
)ise  of 
IS,  the 

of  the 
hours, 
Lirnt  at 
several 
3  more 

10,  after 
taken  a 
esented 
,  telling 
pgly  re- 
ive, how 
ime  was 
;ity  and 
tied  and 

flocked 
|de,  then 
tng  and 

I  seemed 

(g  them, 

by  her 

IS  after 

to  the 

[at  chief 

(French. 

kept  the 


deputation  without  lirst  obtaining  the  permission  of  the  com- 
mandant-general who  gave  it,  telling  him  at  the  same  time  to 
cut  the  Natchez  to  pieces  while  engaged  in  tlie  ceremony. 
But  they  anticipated  him,  for  they  had  scarcely  entered  the 
cabin  when  they  struck  him  down,  scalped  him,  killed  some 
more  Indians  and  one  Frenchman,  taking  a  second  with  his  wife 
prisoners,  and  with  them  returned  in  triumph.  Thus  fell  the 
great  Tonica  chief,  who  with  his  son  had  become  a  Christian, 
and  had,  for  his  valor  and  devotedness  to  our  cause,  been 
honored  by  the  king  with  a  medal  which  he  had  sent  him. 

This  success  made  the  Natchez  believe  that,  after  having 

thus  surprised  and  destroyed  many  of  their  enemies,  it  would 

be  an  easy  matter  to  cut  off  the  French  at  Naquitochcs,  where 

there  were  only  twenty  settlers,  and  a  garrison  of  forty  soldiers, 

commanded  by  the  Chevalier  de  St.  Dcnys.*    But  this  oflicer 

showed  them  that  they  had  to  deal  with  an  able  and  vigilant 

commander,  under  whom   all   went   on   with   strictness  and 

punctuality,  who  was  equally  beloved  and  respected  by  the 

French,  and  esteemed  by  the  neighboring  Indians,  who  were 

entirely  at  his  disposal.      The  Natchez  set  out  from  their  new 

village  to  the  number  of  a  hundred  and  fifty  or  more,  taking 

with  them  the  French  woman  captured  at  the  Tonicas ;  and 

having   arrived  within   gunshot   of  Fort  Naquitochcs,  they 

deputed  three  to  the  commander  to  ask  permission  to  enter 

the  fort,  in  order  to  present  the  calumet,  afid  make  him  the 

umpire  of  a  peace,  by  returning  a   French  woman  to  his 

hands.      The  Chevalier  de  St.  Denys,  who  spoke  the  Indian 

language  well,  replied  to  the  deputies,  that  "  if  ten  would 

"  This  distinguished  officer  was  related  to  Bienville.  He  came  to  Louisiana 
at  a  very  early  period  of  its  history,  and  was  employed  in  the  most  active  service 
of  the  colony.  As  commandant  of  this  post,  he  made  himself  so  popular,  that 
he  led  the  life  of  a  half  barbaric  and  half-civilized  potentate.  His  adventures 
form  an  interesting  episode  in  the  History  of  Louisiana,  by  Gayarro. 

7 


m 


m 


11 


■'S 


98 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


I     1 


come  and  present  the  calumet  with  the  French  woman  he 
would  receive  them  willingly  and  pay  them  well ;  but  from 
their  number  he  judged  that  they  were  only  beggars  and 
traitors,  who  sought  to  entrap  him ;  but  that,  for  all  that, 
he  would  let  them  return  to  their  party,  on  condition  that 
they  should  bring  him  the  French  woman  that  very  day, 
threatening  them,  if  they  failed,  to  show  them  whom  they  had 
to  deal  with." 

The  deputies  immediately  left  the  fort  very  ill  pleased  with 
the  result  of  their  mission,  and  having  reported  the  answer 
given,  the  savages,  furious  at  having  missed  their  blow,  turned 
all  their  rage  on  the  French  woman,  whom  they  burnt  on 
a  frame  in  sight  of  the  fort.  After  this  fine  exploit,  instead  of 
retiring,  they  dug  a  kind  of  intrenchment  in  the  plain,  and  for- 
tified their  position,  hoping  that,  by  lurking  around  the  fort, 
they  could  cut  off  the  supplies  and  force  the  garrison  to  sur- 
render. On  his  side,  the  Chevalier  de  St.  Denys  pretended  to 
be  afraid,  and  from  time  to  time  fired  some  cannon  with  blank 
cartridge  to  amuse  them,  while  he  sent  to  the  great  Naqui- 
toches  chief  to  dispatch  him  forty  of  his  bravest  warriors. 
They  reached  the  fort,  and  were  brought  in  by  night,  and  the 
commandant  having  armed  them,  sallied  out  at  the  head 
of  his  troop  the  next  morning  at  daybreak,  entered  the  Nat- 
chez entrenchment  and  fell  upon  them  sword  in  hand.  Many 
were  killed ;  the  test,  awakened  by  the  noise,  fled,  but  were  pur- 
sued with  muskets,  and  after  killing  about  sixty  of  the  savagesi 
the  commandant  returned  to  his  fort  in  triumph,  without  hav- 
ing had  a  single  man  wounded,  giving  the  survivors  liberty 
to  return  to  their  village  and  tell  what  reception  they  got  at 
Naquitoches. 


■■\ 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


99 


an  lie 
;  from 
L'S  and 
[  that, 
111  tliat 
ry  day, 
Ley  had 

3d  with 
answer 
,  turned 
arnt  on 
istead  of 
and  for- 
tbe  fort, 
Q  to  sur- 
jnded  to 
th  blank 
t  Naqui- 
varriors. 
and  the 
he  head 
the  Nat- 
Many 
vere  pur- 
savagesi 
lout  hav- 
■s  liberty 
ey  got  at 


CHAPTEE    XXXVI. 

TROUBLE   AT  NEJr.ORLEJ.VS.—  THE    COMMASDANT-QENERAL   MARCHES 

AGAINST  THE  NATCHEZ. 

While  these  things  were  going  on  in  the  remote  parts,  the 
capital  itself  was  not  tranquil.  One  day  a  woman,  whose  head 
was  turned  by  the  brandy  she  had  been  taking,  came  running 
into  the  city  from  the  Bayou  St.  John  with  streaming  hair, 
crying  that  the  Indians  had  made  a  descent  on  the  Bayou  and 
massacred  all  the  settlers  there,  and  were  actually  pursuing 
her.  This  woman  was  joined  by  some  others,  about  as  wise, 
and  the  noise  increasing,  the  alarm  soon  spread  to  all  quarters. 
The  muster  was  beat,  all  ran  to  arms,  and  assembled  in  the 
great  square.  Ilere  they  were  formed  into  companies,  and 
powder  and  ball  delivered  to  each.  The  ladies  meanwhile  fled 
to  the  churches,  or  to  the  vessels  moored  before  the  town.  The 
terror  was  general ;  all  thought  they  were  lost,  without  any- 
body's knowing  on  which  side  the  enemy  were.  The  com- 
mandant-general sent  out  a  large  scouting  party  to  bring 
him  correct  information.  This  body  at  first  advanced  with 
great  caution  for  fear  of  being  surprised,  but  after  a  lapse  of 
two  hours,  it  was  found  that  it  was  all  nothing,  that  this  great 
trouble  had  no  better  foundation  than  two  or  three  shots  fired 
by  some  hunters  in  the  woods. 

Soon  after  this  false  alarm  there  was  one  much  better 
founded,  and  which  might  have  resulted  seriously.  For  some 
time  a  secret  plot  had  been  brewing  among  the  negro  slaves. 
Excited  underhand  by  the  Indians,  or  perhaps  wishing  to 
imitate  them  and  recover  their  liberty,  they  had  formed  the 
design  of  making  away  with  their  masters  and  butchering  the 
garrison.    The  plan  was  bold,  and  they  alone  never  could 


I  ,- 


m 


'\^\ 


I 


I    1 


\  If 


HISTOBICAL  MEMOIRS  OF  LOUISIANA. 


have  succeeded,  but  who  knows  whether  the  Indians  would 
not  have  lent  a  hand  ?  Be  that  as  it  may,  they  had  already 
concerted  the  manner  of  executing  their  guilty  project,  and  the 
plot  was  ready  to  be  put  in  action,  when  a  negress,  belonging 
to  a  surgeon  named  Brosset,  told  her  master,  and  discovered 
all  about  it.  He  prudently  questioned  her,  learned  the  names 
of  the  chiefs  in  the  conspiracy,  and  the  manner  in  which  they 
were  to  act.  Their  plan  was  for  each  first  to  kiJl  his  master  at 
night  as  he  was  going  to  bed  :  then  being  masters  of  all  the 
keys,  they  would  soon  have  guns,  powder  and  lead,  which 
would  enable  them  to  get  rid  of  the  troops  on  guard  without 
difficulty.  After  committing  to  writing  all  he  could  get  from 
the  negress,  the  surgeon  communicated  it  to  the  commandant- 
general,  who,  on  this  information,  immediately  arrested  the 
leaders  in  the  conspiracy,  with  some  ncgresses  also  denounced. 
They  were  put  in  dungeons,  and  separately  examined  ;  and,  on 
the  avowal  which  they  made  of  their  dark  design,  were  all  con- 
demned, some  to  be  broken  on  the  wheel,  others  to  be  hung  as 
examples  for  the  rest. 

Yet  after  this  execution  the  commandant-general  saw  that 
it  was  not  enough  to  have  extinguished  this  first  fire  by  the 
death  of  the  most  guilty,  unless  the  probable  consequences 
were  also  prevented ;  and  as  he  could  not  discover  whether  the 
negroes  had  been  excited  by  the  Indians  or  not,  he  resolved  to 
embroil  them  with  each  other  to  prevent  all  danger  on  that 
side.  With  this  view  he  ordered  most  of  the  negroes  before 
him,  told  them  that  they  were  all  traitors,  and  that  he  was  going 
to  hang  them  all,  as  he  had  learned  that  they  were  in  league 
with  the  Indians  to  exterminate  the  French.  On  this  they 
protested  innocence,  cried  for  mercy,  and  offered,  if  permitted, 
to  march  themselves  against  the  Indians  and  destroy  them. 
The  general  having  thus  gained  his  end,  armed  them  with 


■I 


it 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


101 


would 
il  ready 
,i\d  the 
onging 
lovcrcd 
I  names 
;li  they 
aster  at 

all  the 
,  wliicli 
without 
^et  from 
landant- 
sted  the 
lounced. 

and,  on 
;  all  con- 
hung  as 

saw  that 
3  by  the 
squences 
3ther  the 
olved  to 
'  on  that 
3S  before 

as  going 
a  league 
his  they 

rmitted, 
)y  them, 
em  with 


I 


hatchets,  bayonets  and  knives,  and  let  them  attack  a  little 
tribe  called  the  Chouachas,  ordering  them  to  kill  only  the  men 
and  to  spare  the  women  and  children.  His  orders  were  ful- 
filled, the  negroes  attacked  the  village,  killed  seven  or  eight 
men  whom  they  found  there,  the  rest  being  at  the  chase.  This 
single  expedition  rendered  the  Indians  mortal  enemies  of  the 
negroes. 

At  this  moment  there  arrived  at  the  capital  a  royal  vessel  com- 
manded by  the  Sr.  Pericr  de  Salvertc,*  brother  of  the  command- 
ant-general, with  a  body  of  marines  sent  by  the  court  on  hear- 
ing of  the  disaster  at  Natchez.  Sieur  Perier  thought  he  should 
profit  by  this  reinforcement  to  march  against  the  Indians.  Of 
these  marines,  the  company's  troops  and  the  colonial  militia,  he 
formed  a  little  army,  and,  embarking  in  bateaux  and  partly  in 
piraguas,  he  ascended  the  Naquitochcs  (Red)  River,  and  turned 
up  Black  River,  on  which  the  Natchez  lay.f 

They  were,  however,  ignorant  of  the  exact  position  of  their 
fort,  and  in  this  dilemma  two  soldiers,  who  had  landed  to  seek 
some  plants  fit  to  eat,  fortunately  took  an  Indian  boy  fishing 
in  a  lake.  He  was  taken  to  the  general,  who  received  him 
kindly,  caressed  him,  gave  him  food  and  promised  him  his 
life  if  he  showed  the  way  to  his  village.  The  boy  agreed, 
and  the  army  marched  on  guided  by  the  boy,  and  after  a 
quarter  of  a  league  discovered  the  enemy's  fort  and  village. 
Favored  by  the  woods  and  silence  they  advanced  as  near  the 
fort  as  possible,  till  they  reached  the  open  plain,  then  the 
troops  advanced  on  the  fort  with  drums  beating  and  flags  flying. 
The  Indians,  amazed  to  see  the  French  thus  pursue  them  in  their 

*  Perier  do  Salvertc  arrived  at  the  Balizc  on  the  10th  of  August,  1730,  with 
three  companies  of  marines  of  sixty  men  each. — Martin. 

t  He  ascended  Red  River,  went  into  Black  River,  and  from  that  into  a  stream 
called  Silver  River,  and  from  Silver  River,  (now  called  Washita,)  into  a  small 
lake  which  is  at  a  short  distance  from  Trinity,  in  the  parish  of  Catahoula. 


(  ' 
i 


•11. 


\y'  f 


mf 

.:l,.v  U.  ■ 


«n« 


102 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


'i    '  '   '  '■ 


retreat,  shut  themselves  up,  with  their  wives  and  children,  re- 
solved to  defend  themselves  to  the  last.  They  were  summoned 
to  surrender ;  quarter  and  lifo  were  promised ;  but  as  they  were 
deaf  to  this,  some  pieces  of  artillery  were  landed,  with  a 
wooden  mortar,  and  a  trench  was  opened.  The  Indians  held 
out  courageously ;  several  of  the  French  were  wounded.  But 
at  last,  on  the  third  day,  the  enemy,  driven  cither  by  thirst  or 
by  the  fear  which  the  mortar  had  inspired,  struck  their  flag 
and  asked  to  surrender.  This  was  deferred  till  morning, 
as  night  was  coming  on.  It  was  a  dark  one,  accompanied  by 
a  slight  rain  and  a  dense  mist,  which  enabled  most  of  the 
Indians  to  escape.*  The  next  morning  they  took  about  two 
hundred,  more  women  than  men,  who  were  bound  and  sent  to 
the  boats ;  the  trooj)S  then  sacked  and  fired  the  fort,  and 
embarking  returned  to  the  capital.  On  their  arrival,  the 
prisoners  were  confined,  supported  for  some  time,  then  shipped 
to  Cape  Frangois  in  St.  Domingo,  where  they  were  sold  as 
slaves  for  the  benefit  of  the  company. 

*  The  number  of  the  Natchez  that  escaped  the  grasp  of  Perier  at  this  time,  has 
been  put  down  by  some  writers  at  three  hundred  warriors.  The  nation  now 
became  scattered  over  the  country,  but  was  not  conquered.  Many  of  them  found 
an  asylum  among  the  Washitas,  Chickasaws  and  other  tribes  hostile  to  the 
French.  They  lost  their  nationality  and  their  country,  but  the  city  of  Natchez 
is  their  monument  standing  upon  the  field  of  their  glory.  In  refinement  and 
intelligence,  they  were  equal,  if  not  superior,  to  any  other  tribe  on  our  continent. 
Their  form  was  noble  and  commanding,  and  their  countenance  indicated  more 
intelligence  than  is  commonly  found  among  savages.  They  believed  in  the 
immortality  of  the  soul,  and  a  state  of  rewards  and  punishments.  Their  tradi- 
tions state  that  they  came  from  Mexico  ;  and  it  may  be  inferred  from  their  sin- 
gular usages,  that  they  were  a  branch  of  the  Toltecan  family.  The  obvious 
analogies  between  the  Natchez  and  the  Tollecans  consist  in  the  worship  of  the 
sun;  the  practice  of  human  sacrifices;  hereditary  distinctions,  and  fi.\ed  institu- 
tions. Their  singular  custom  of  distorting  the  head  by  compression  corresponds 
with  the  description  of  the  Mexicans  by  Bernal  Diaz.  A  custom,  too,  that  was 
kept  up  by  the  Peruvians  long  after  their  subjugation  by  Pizarro. 


M 


» ■ 


III3T0HICAL  MEMOIRS  OF  LOUISIANA. 


103 


ren,  re- 
imoncd 
cy  were 
with  a 
,ns  held 
d.  But 
.hirst  or 
icir  flag 
lorning, 
mied  by 
t  of  the 

)OUt  tAVO 

1  sent  to 

brt,  and 

ival,  the 

shipped 

sold  as 


is  time,  has 
lation  now 
hem  found 
tile  to  the 
)f  Natchez 
ement  and 
continent, 
cated  more 
ved  in  the 
.'heir  tradi- 
II  their  sin- 
he  obvious 
ship  of  the 
ved  institu- 
orresponds 
),  that  was 


i 


CHAPTER   XXXVII. 

JRRIVAI.   OF  J  riEW  COMMANDANT  AT  THE  CAPITAL.— NEIV  PREPARJ. 

TIONS  FOR    WAR. 

As  soon  as  information  reached  France  that  war  had  broken 
out  in  Louisiana  between  the  French  and  Indians,  prompt  relief 
was  thought  of.  In  1730  the  Western  Company  represented  to 
the  king  tlic  great  loss  just  sustained  at  Xatchez,  and  returned 
into  his  liands  the  privilege  they  had  received  for  the  colony. 
The  country  thus  returned  to  his  majesty's  domain,  and  he, 
anxious  for  the  restoration  of  peace,  thought  he  could  not  do 
better  than  send  out  as  commandant-general  the  Sicur  Bien- 
ville,* the  first  who  governed  it  under  the  company,  as  one 

*  Governor  Bienville  came  to  Louisiana  with  liis  brother  Iberville,  as  a  mid- 
shipman, in  1()'J8  ;  and  four  years  after,  on  the  death  of  Sauvole,  lie  succeeded 
to  the  chief  command  of  the  province  ;  which  he  exercised  with  little  interrup- 
tion until  he  was  recalled  in  1726,  when  he  was  succeeded  by  M.  Perier. 

"  On  his  arrival  in  France  he  laid  his  defence  before  the  rrenth  government. 
He  stated  that  he  had  served  his  king  thirty-four  years,  the  greater  part  of  which 
he  had  acted  as  governor  of  Louisiana.  That  as  an  officer  of  the  navy  he  had 
sei.cd  seven  years,  and  had  been  present  at  all  the  sea-lights  in  Canada,  with 
his  brother  Iberville.  He  had  jointly  with  his  brother  Iberville  discovered  the 
mouth  of  the  Mississippi,  and  established  a  colony  in  Louisiana. 

"  That  seven  of  his  brothers  had  died  naval  officers  ;  that  three  still  remained 
in  the  navy,  and  that  his  father  had  died  in  the  service  of  his  country. 

"  He  then  reviewed  his  administration  and  the  difficulties  he  had  to  contend 
with,  which  excited  the  jealousy  and  hostility  of  his  adversaries  ;  and  he  labored 
to  prove  that  all  his  acts  had  been  in  conformity  with  the  laws  and  with  the 
instructions  of  the  king.  Notwithstanding  his  able  defence,  he  was  removed,  and 
the  success  of  his  enemies  was  so  complete  that  they  also  caused  his  brother 
"  ChaCeangue,"  who  was  lieutenant-governor  in  the  colony,  to  be  removed  ;  and 
the  two  Noyans,  his  nephews,  to  be  broken.  The  object  of  these  measures  was 
to  gratify  their  malice,  and  to  destroy  his  future  influence  in  the  colony. 

"  In  1734,  Bienville  was  re-appointed  by  the  king  governor  of  Louisiana,  in 
the  place  of  Perier,  who  was  promoted  to  the  rank  of  lieutenant-general,  as  a  re- 
ward for  his  services  in  the  colony.  The  surrender  of  the  western  company's 
charter,  and  the  return  of  Bienville  gladdened  the  hearts  of  the  colony,  and  gave 
high  hopes  of  approaching  tranquillity  and  permanent  prosperity. 

"  In  1735-36,  he  organized  an  expedition  to  march  against  the  Chickasaws, 


4 


m 


m 


I' 


^ 


\^ 


It 

1 

li 


104 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


best  able  to  reduce  the  Indian  foes.  The  new  commandant 
reached  New-Orleans  in  1731,  and  the  Sieur  Pcrier  resigning 
the  government  into  his  hands,  innnediately  embarked  for 
Europe. 

Some  months  after  Bienville's  arrival,  the  Natchez,  fearing 
lest  the  French  should  come  and  attack  them  again,  resolved 
to  abandon  entirely  the  country  on  the  banks  of  the  St.  Louis 
(Missis.sii)pi).  They  accordingly  abandoned  their  new  j)0St8 
on  the  Black  River,  and  retired  further  up  to  a  numerous  tribe 
called  the  Chickasaws,  more  friendly  to  the  English  than  the 
French ;  here  thoy  were  received  as  brothers,  and  grounds 
given  them  to  settle  on.  The  new  commandant,  informed  of 
this  transmigration,  believed  that  if  he  demanded  of  these 
Indians  the  enemies  of  the  French,  they  would  at  once  sur- 
render them;  but  he  was  mistaken,  for,  when  the  demand  was 
made,  the  Chickasaws  replied,  "  that  they  and  the  Natchez 
now  formed  one  nation,  and  that  they  consequently  could  not 
give  them  up."  Piqued  at  this  reply,  the  general  resolved  to 
go  after  them,  and  immediately  began  preparations  for  this 
expedition,  which  occupied  him  for  two  years. 
■  Meanwhile,  he  sent  to  Illinois  live  boats,  one  loaded  with 
powder,  the  rest  with  goods,  commanded  by  Captain  Leblanc, 
to  whom  the  general  confided  his  orders  for  the  eonunandant 

which  was  followed  by  another,  which  terminated  forever  hit  military  operations 
in  Louisiana.  He  was  succeeded  by  the  ^Lirquis  de  Vandreuil,  and  on  the  10th 
of  May,  1743,  he  returned  to  France.  When  he  left  Louisiana  he  liad  reached 
the  age  of  si.\ty-five,  and  he  carried  away  with  him  the  regrets  and  the  esteem  of 
all  the  coloni.sts,  who  styled  him,  "  the  father  of  the  country.'"  He  died  in  1767. 
"  Among  the  other  most  conspicuous  names  in  the  history  of  Louisiana,  is  that 
of  Dailagueltc,  which  disappears  at  the  same  time  when  Bienville  retires  from 
the  colony.  The  royal  commissary  of  that  name,  who  came  to  Louisiana  in 
1708,  and  who  filled  in  it  several  high  offices  until  1742,  left  behind  him  a  long 
memory,  which  made  his  virtues,  his  talents  and  his  deeds,  familiar  to  succeeding 
generations.  The  fate  of  his  younger  brother,  who  fell  into  the  hands  of  the 
Chickasaws  in  1736,  and  was  burned  at  the  stake,  has  been  pathetically  told  by 
Dumont." — Gayarre. 


HISTORICAL  MEMOIUS  OF  LOUISIANA. 


105 


of  tluit  i)Ost.  His  convoy  wius  iittackoJ  on  the  wny  by  a  party 
of  Induiiis,  but  no  one  was  killo(l,  anil  having  safi'ly  arrived  at 
Arkansas,  the  commander,  for  some  reason  I  cannot  conceive, 
Landed  the  powder  there,  and  proceeded  to  IHiiiois,  which  he 
reached  in  safety  ;  he  then  dispatched  a  boat  for  the  powder 
left  at  Arkansas,  but  this  boat  on  its  way  back  was  attacked 
and  taken,  witli  all  the  powder,  by  the  Indians,  who  killed  all 
on  board  except  the  commander.  Lieutenant  du  Tisinct,  and 
Rosilie,  a  natural  son  (jf  the  Sicur  de  la  Loire,  of  whom  we 
have  already  had  occasion  to  speak.  These  two  were  taken 
alive  and  made  slaves. 

Meanwhile,  Captain  Leblanc  having  reached  Illinois,  pre- 
sented the  orders  of  the  commandant  general  to  the  Sieur  Dar- 
taguette,  the  commander  of  the  post,  brother  of  the  late  Sieur 
Dartaguette,  ex-director  of  the  company,  and  comptroller  of 
the  household  of  his  highness  the  Duke  of  Orleans.  The 
orders  of  the  commandant-general  required  him  to  bo  in  the 
Chickasaw  country  by  the  tenth  of  May  next,  at  the  latest, 
with  all  the  Illinois  Indians,  French  troops  and  settlers  be 
could  muster,  to  join  the  army  which  he  would  lead  in  person 
against  that  nation. 

At  last,  all  preparations  being  made  for  this  expedition,  the 
commandant-general  sailed  early  in  1736  for  Fort  Mt)bilc, 
where  he  had  invited  the  great  Choctaw  chief  to  meet  him. 
There  he  unfolded  to  that  Indian  his  design  of  making  war  on 
the  Chickasaws  for  harboring  his  enemies,  and  induced  him  to 
join  in  the  enterprise  for  a  certain  cpiantity  of  goods,  part  of 
which  were  delivered  on  the  spot.  After  this  he  returned  to 
New-Orleans,  assembled  his  army,  composed  of  French  troops, 
some  companies  of  militia  and  negro  slaves,  and  cn^barked  in 
boats  and  piraguas  for  Fort  ^lobile,  the  rendezvous  of  the 
troops,  Avith  necessary  provisions  and  ammunition. 


:  1 


106 


IIISTOIIICAL   MEMOIIW  OP  LOUISIANA. 


CIIAPTEll    XXXVIII. 


FIRST  EXPEDITION  AU. UN  ST  TIIK   ClIlCKASAtrS.— ATTACK  OF  ONE   OF 

THEIR  FORTS. 

On  tlic  tenth  oC  Marcli  in  tluit  same  year,  ITOC),  tlit*  wliolc 
iirniy  assembled  at  Mobile,  and  rested  till  Ea.ster-day,  the  iirst 
of  April,  when  it  set  out  on  their  expedition.  So  eonsiderablo 
a  force  had  never  yet  been  seen  on  that  river ;  it  was  com- 
posed of  more  than  thirty  piraguas  and  as  many  bateaux, 
which  ascended  in  a  lino  by  force  of  oars.  About  eight 
o'clock  in  the  morning  they  stoi)ped  to  breakfast,  and  about 
half  past  eleven  for  dinner,  and  towards  evening  the  boat  that 
led  the  way  chose  a  proper  place  to  cabin  or  pitch  their  tents. 
The  army  then  landed ;  sentinels  were  posted  in  the  woods 
to  prevent  surprise,  others  at  the  landing,  before  the  general's 
tent,  and  thus  they  passed  the  nights. 

In  this  way  the  army,  by  the  20th  of  April,  reached  a  place* 
called  Tombccbc,  (Tombigby,)  to  which  Bienville  had  sent  a 
companyf  of  soldiers  nine  months  before  to  build  a  fort  and 
cabins,  intending  this  as  a  resting-place  for  the  army.  On 
the  way  no  accident  happened  but  the  upsetting  of  a  piragua, 
which  caught  in  the  branch  of  a  floating  tree.  Two  men 
were  drowned. 

Arriving  at  Tombccbe,  the  fort  not  being  finished,  and  only 
some  palisade  and  rustic  cabins  made,  the  army  encamped  in  a 
beautiful  plain,  and  immediately  began  to  make  earthen  ovens 
and  bake  bread.     Meanwhile,  the  Choctaws,  having  learned  the 

♦  This  place,  which  is  now  called  Jones's  Bluff,  is  situated  on  the  Little  Tom- 
bigby, in  Alabama. 

t  This  company  was  commanded  by  the  bravo  De  Lusser,  who  afterwards  felj 
in  the  attack  on  the  Chickasaws  near  the  village  of  Ackia. 


niSTORICAL  MEMOIUS  OF  LOUISIANA. 


107 


general'.^  ni  rival  at  that  jiost,  came  to  })re.scnt  him  the  calutnct ; 
they  were  very  well  received  ;  the  rest  of  tiie  promined  goods 
delivered  as  tl.i.*'fr  pay  fur  serving  tlie  French  as  auxiliaries  in 
the  expedition,  arui  they  prepared  to  accompany  the  army. 
Continual  ru,  ■"  with  frost  kept  us  at  this  post  till  the  fourth 
of  May,  when  we  .-  *  out;  but  a  council  of  war  was  first  held 
on  four  soldiers  found  in  irons  on  our  arrival,  'fhf'y  were  a 
Frenchman,  two  Swiss  and  a  serg(^/int,  accused  of  having 
attempted  to  kill  the  commander  and  storekeeper,  and  then 
to  carry  off  the  Sicur  du  Tisinet  and  Hosilic,  who  had  escaped 
from  the  Indians,  with  the  intention  of  restoring  them  to  the 
Chiekasuws,  joining  those  Indians,  fighting  for  them,  and  then 
going  over  to  the  lilnglish.  They  were  tried,  convicted,  and 
condemned  to  be  shot  at  the  head  of  the  troops. 

On  the  fourth  of  May  the  army  rc-crabarked,  and  proceed- 
ing again  up  the  river,  reached  a  fort  called  Tibia.  All  the 
way  it  had  been  forbidden  to  fire,  in  order  to  conceal  from  the 
enemy  the  marcli  of  our  troops ;  but  one  of  our  Choetaws,  see- 
ing a  deer  in  range,  fired  and  killed  it,  for  an  Indian  has 
no  idea  of  orders.  The  report  threw  the  whole  army  into  con- 
sternation, all  ran  to  arms,  and  quiet  was  not  restored  till  all 
was  explained.  At  last,  on  the  twenty-fourth  of  the  mouth, 
they  reached  the  place  of  disembarkation ;  the  troops  landed, 
threw  up  tents,  and  began  to  erect  a  large  palisade  fort,  with  a 
kind  of  shed  to  protect  the  goods  which  they  had  brought. 
The  army  spent  the  night  here. 

The  next  day,  powder  and  balls  were  delivered  to  the 
troops,  and  leaving  in  the  fort  the  sick,  with  some  less  experi- 
enced soldiers  to  guard  the  post,  the  army  marched  on,  guided 
by  a  Frenchman,  who  knew  the  country  quite  well,  having 
often  visited  it  as  a  trader.  They  had  seven  leagues  to  march 
to  reach  the  first  Chickasaw  village,  and  actually  marched  five 


I 


.  I' 


-.1 


W 


M 


I 


m 


.'K'iil 


■  S  ■  ■  -     ■' 

itei 


amaaai 


108 


HISTC    iCAL  MEMOIRS  OF  LOUISIANA. 


and  a  half  the  first  day  in  two  columns  in  Indian  file  through 
the  woods  in  silence,  with  the  Choctaws  on  our  flanks,  to  the 
number  of  about  twelve  hundred,  commanded  by  their  head 
chief  In  the  evening  we  halted  in  a  plain  surrounded  by 
woods,  where  each  supped  on  biscuit  and  pork,  and  slept  in 
the  opea  air.  The  general  detached  two  men  to  reconnoitre, 
who  returned  at  one  o'clock  in  the  morning,  saying  that  they 
had  been  discovered  by  four  Indians,  but  had  not  fired,  as  they 
had  had  no  orders.  Whether  true  or  not,  no  semblance  of  credit 
was  given  their  report ;  and  the  next  morning  very  early  the 
army  was  put  in  motion,  and  crossing  a  ravine,  with  water 
breast  high,  and  a  little  wood,  they  entered  a  beautiful  plain, 
at  the  end  of  which,  about  a  quarter  of  a  league  distant,  an 
Indian  village  was  perceived,  with  a  fort  on  a  hill  and  cabins 
around  it,  with  others  apparently  fortified  at  some  distance  be- 
low, and  a  little  stream  at  the  foot  of  the  hill.  As  soon  as  our 
Choctaws  perceived  the  enemy's  fort  they  raised  their  usual 
yells  and  cries,  and  ran  that  way  to  try  and  shoot  down  some 
of  the  enemy. 

As  for  the  army,  after  forming  in  a  square  battalion,  it  ad- 
vanced in  good  order,  our  soldiers,  like  Gideon's  of  old, 
gathering,  as  they  crossed  the  prairie,  bunches  of  strawberries, 
which  our  common  mother  lavished  in  abundance  on  all  who 
came  to  pluck  them. 

In  this  order  we  approached  and  passed  a  little  wood,  leaving 
t  he  enemy's  fort  on  our  left ;  and  having  halted,  the  general 
called  the  majors  of  the  regulars  and  militia,  and  ordered 
them  to  form  a  strong  detachment  to  carry  the  fort,  A  body 
of  at  least  twelve  hundred  men  was  now  detached,  composed 
of,  first  a  corps  of  grenadiers,  then  one  of  regulars,  and 
then  one  of  militia.  Meanwhile,  four  or  five  Englishmen  were 
espied  on  the  height,  doubtless  among  the  tribe  as  traders,  and 


1      i  '!• 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


109 


s,  and 


the  Indians  even  hoisted  the  English  flag  over  their  fort. 
The  army  again  advanced  by  battalions  ten  deep,  amid  occa- 
sional shouts  of  "  Vive  Ic  Hoi."  It  was  apparently  intended 
to  take  the  fort  by  a  coup  dc  main,  as  they  had  neither  spades 
nor  pickaxes.  They  reached  the  foot  of  the  hill,  and  crossing 
the  stream  which  skirted  it,  began  to  ascend  the  slo})e,  during 
which  one  sol^'er  was  killed.  And  the  lieutenant  of  our 
grenadiers,  who  was  about  a  pistol-shot  ahead  of  his  company, 
in  his  ardor  to  reach  the  fort,  entered  a  cabin,  whei-e  he  found 
three  Indians,  one  of  whom  he  killed,  but  the  others  escaped 
to  the  fort. 

As  soon  as  the  troops  had  gained  the  top  of  the  hill,  they 
began  by  setting  fire  to  some  cabins  on  the  wings,  from  which 
the  enemy  might  have  annoyed  us  ;  but  avoiding  one  incon- 
venience we  fell  into  another,  for  the  smoke  almost  stifled  us 
as   long  as  they  were  burning.     Some   mattresses  had  been 
brought  to  shield  the  commandants,  but  they  were  of  little 
service.     The  colonial  militia,  which  were  in  the  rear  of  the 
company's  troops,  wheeled  right  and  left,  intending  to  invest 
the   fort,  but   the   Sieur   de   Jusan,  aide-major,  checked   the 
movement  and  sent  the  troops  back  to  their  post,  intending 
for  his  own  corps  the  glory  of  carrying  the  place,  which  now 
began  a  vigorous  defence.     Several  militia  men  were  already 
disabled,  and  the  grenadiers  in  attempting  to  advance  had  one 
of  their  sergeants  killed,  the  other  wounded,  as  was  also  Cap- 
tain Eenaud  d'llauterivc,   who   was  carried  to   the  camp, 
whence  the  general  was  observing  the  result  of  the  attack.    It 
could  not  be  more  disadvantageous  for  our  troops,  who  did  not 
lack  courage,  but  were  obliged  to  fight  without  any  shelter 
with   an   enemy  whom  they  could   not   draw  out,  but   who 
poured  out  a  shower  of  balls  from  the  fort  which  covered  and 
protected  them.      This  fort  was,  in  fact,  surrounded  by  a 


'I 


I 


110 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


palisade  more  than  a  fathom  thick,  the  intervals  being  closed 
by  smaller  piles,  so  arranged  as  to  leave  loop-holes  through 
which  they  could  fire  without  exposing  themselves.  It  was 
besides  covered  with  heavy  oak  planks,  loaded  also  with  earth, 
so  that  grenades  were  of  no  service.  Meanwhile,  Captain 
Lusser,  Aide-Major  de  Jusan  and  Major-Gcneral  de  Noyan*  had 
been  wounded  and  carried  back  to  the  reserve,  with  the  Sicur 
de  Grondel,  Lieutenant  of  the  Swiss.  Our  troops  had  now 
spent  their  powder  and  ball  in  firing  against  the  palisade,  with- 
out having  been  able  to  make  the  slightest  breach,  when  the 
general,  perceiving  the  failure  of  the  operation,  ordered  a  re- 
treat, and  sent  a  second  detachment  to  cover  it.  This  attack 
lasted  from  half-past  one  till  five  in  the  afternoon,  and  cost 
us  thirty-two  regulars  and  militia  killed,  and  at  least  sixty 
wounded.  The  troops  rejoined  the  rest  of  the  army,  leaving 
the  dead  on  the  field  of  battle,  for  they  had  been  unable  to 
carry  them  off. 

In  spite  of  the  hardnhips  of  that  hard  day's  work,  the  troops 
had  scarcely  had  time  to  take  a  hurried  meal,  when  they  had 
to  think  of  intrenching  the  camp  and  surrounding  it  with 
palisades,  to  be  secure  against  a  sudden  attack  of  the  enemy. 
They  began  accordingly  by  felling  trees,  and  having  with 
them  blocked  up  every  avenue  of  approach,  passed  the  night 
as  best  as  they  could.  While  this  was  doing,  a  party  arrived 
from  another  village,  as  they  said,  to  present  the  calumet  to 
the  general,  and  a  letter  ;  but  Bienville,  provoked  by   the 


*  The  brave  De  Noyan  was  the  nephew  of  Bienville.  Grondel  was  a  Swiss 
officer  of  distinction,  who  came  to  Louisiana  in  1731.  He  made  himself  con- 
spicuous by  his  duels,  his  gallantries  and  his  sociability  of  manners.  He  was  em- 
ployed in  several  military  expeditions  and  diplomatic  negotiations  with  the 
Indians,  in  which  he  acquitted  himself  with  credit.  In  1753  he  was  rewarded 
for  his  services  by  the  decoration  of  the  Cross  of  St.  Louis.  He  returned  to 
France,  was  promoted  to  the  rank  of  general,  and  lived  long  enough  to  see 
Louisiana  become  one  of  the  United  States  of  America. 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


Ill 


reverse  of  the  day,  refused  to  receive  them,  and  even  ordered 
our  Indians  to  attack  them ;  they  did  so,  and  killed  four. 

The  enemy  were  not  more  idle  than  we  that  night ;  they  de- 
stroyed some  cabins  not  yet  destroyed,  which  had  been  our 
intrenchments  in  attacking  the  fort,  and  uncovered  the  fort, 
lest  we  should  set  it  on  fire  with  our  fireworks,  such  as  we  had 
used  in  destroying  some  of  their  cabins.  Then,  in  a  manner 
worthy  of  savages,  finding  on  the  field  the  bodies  we  had 
been  forced  to  leave,  they  cruelly  quartered  them  and  exposed 
them  on  the  palisades.  This  barbarous  spectacle  which  met 
our  eyes  at  daybreak  filled  our  troops  with  rage  and  fury. 
They  would  have  rushed  on  the  enemy  to  avenge  it  or  die, 
but  the  general  withheld  them. 

The  attack  on  the  fort  had  taken  place  on  the  26th  of  May  ; 
the  next  day  saw  some  skirmishes  between  the  enemy  and  our 
Choctaws,     Two  of  the  latter  were  perceived  at  the  foot  of  the 
hill  where  the  fort  stood,  by  a  Chickasaw,  who  fired  and  laid 
one  prostrate ;  the  other  fled.    The  Chickasaw,  believing  that 
he  had  killed  his  man,  ran  up  to  scalp  him,  but  when  he  had 
got  about  ten  steps  from  him  the  Choctaw  sprang  to  his  feet, 
gave  his  death-cry,  cut  him  down,  and  performed  on  him  the 
operation  intended  for  himself;  then,  taking  his  gun  and  valu- 
ables, returned  to  his  party  in  triumph. 

At  the  same  time  a  free  negro  named  Simon,  a  captain 
in  the  black  company  attached  to  the  army,  distinguished 
himself  by  a  singularly  bold  feat  performed  before  the  whole 
army.  He  started  at  a  run  on  foot  to  the  height  on  which 
the  fort  lay,  and  though  the  Indians  sallied  out,  and  balls  were 
raining  around  him,  he  held  on,  and  reaching  a  troop  of  horses 
at  pasture,  picked  out  a  fine  mare,  sprang  on  her  back,  and 
rode  back  to  the  camp  unscathed. 

The  same  day,  about  eleven  o'clock  in  the  morning,  a  rumor 


I  ;  !.!• 

I'M' 


w 


hfWt 


inprwpwMiPMvnnilwi 


']^!''.i'mmifnm' 


W'  ■  ■ 

h^' 

If/'  ' 

1,    •  :                j' 

^^^ii 


112 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


was  spread  that  D'Artaguette,  commandant  of  the  Illinois,  was 
approaching,  and  some  even  thought  thej  could  descry  his 
banners,  but  on  examination  the  report  was  found  to  be 
unfounded.*  They  now  thought  only  of  retiring;  the  most 
severely  wounded  were  put  on  litters;  those  slightly  wounded 
were  ordered  to  follow,  and,  the  army  being  put  in  motion, 
they  went  and  slept  about  a  league  from  the  enemy.  During 
this  march  a  party  of  our  Choctaws  ambushed  in  a  little  wood 
in  our  rear,  fell  on  nine  hostile  Indians,  Avho  had  come  to  scalp 
and  search  the  dead,  and  killed  them  all. 

The  next  day  the  army  resumed  its  march,  and  bivouacked 
about  a  league  from  the  landing-place,  which  they  reached 
early  next  morning.  There,  while  our  troops  were  at  their 
meal,  we  were  on  the  point  of  quarreling  with  our  Choctaws, 
who,  excited  by  Redshoe,  were  almost  on  the  point  of  attack- 
ing us,  when  their  great  chief  appeased  them.  He  was  so 
enraged  that  he  would  have  blown  out  Rcdshoe's  brains  had 
he  not  been  prevented  by  Bienville,  who  was  establishing 
peace,  after  ordering  his  army  to  embark  and  proceed  to 
Tibia,  as  it  did.  Meanwhile,  he  delivered  to  the  Choctaws 
goods,  powder  and  ball,  and  sent  them  off  satisfied ;  after 
which,  he  joined  the  army  again  in  a  most  critical  moment ; 
for,  had  they  remained  there  twenty-four  hours  more,  they 
would  either  hp-e  perished  by  famine  in  an  enemy's  country, 


♦  It  is  not  easy  to  justify  Bienville's  co^nduct  in  this  expedition.  Tiie  war  was 
raslily  broujjlit  and  rashly  conducted.  He  entered  Hie  enemy's  country  without 
any  means  of  siege,  made  one  attack  on  a  fort,  and  then,  without  attempting  by 
Scouts  to  open  a  communication  with  D'Artaguette,  whom  he  had  ordered  to  meet 
him  in  the  Chickasaw  country  on  the  tenth  of  May,  or  making  any  attempt  to 
give  him  uroper  orders,  without  even  taking  one  Chickasaw  prisoner  to  get  any 
information  of  Dartaguctte's  proceedings,  he  retreated,  and  ended  the  campaign 
disastrously.  It  is  more  than  probable  that  if  the  forces  of  Bienville,  D'Arta- 
guette, Montcherval  and  Grandpre,  had  united  and  attacked  the  Chickasaws  at 
the  same  time,  the  result  would  have  been  favorable  to  the  arms  of  Franco. 


niSTORICAL  MEMOIRS  OF  LOUISIANA. 


113 


or  been  compelled  to  return  by  land,  as  the  water  liad  dimin- 
ished greatly.  In  fact,  Mobile  Kivcr,  which,  after  the  winter 
rains,  is  a  beautiful  stream  in  spring,  is  a  mere  brook  in  sum- 
mer, especially  at  the  part  where  we  were,  that  is,  not  more 
than  twelve  leagues  from  its  source,  and  about  two  hundred 
from  the  capital,  which  we  reached  however  safely. 

Some  time  after,  a  sergeant  of  the  Illinois  garrison  reached 
us.  He  had  been  made  a  prisoner  and  slave  by  the  Chicka- 
saws,  but  had  so  gained  the  good-will  of  his  master,  that  he 
not  only  gave  him  his  liberty  and  provisions,  but  had  even 
shown  him  the  road  to  take  across  the  woods  to  Mobile.  This 
sergeant  stated,  that  "  in  obedience  to  the  orders  of  the  Com- 
mandant-General, D'Artaguctte,  commandant  at  Illinois,  reach- 
ed the  Chickasaws  on  the  ninth  of  May,  with  fifteen  hundred 
men,  and  encamped  in  sight  of  the  enemy  till  the  twentieth, 
without  hearing  anything  of  the  general's  arrival.*  Meanwhile, 
the  Indians  in  his  army  murmured,  and  wished  cither  to 
return  or  to  attack ;  he  chose  the  latter,  attacked  the  enemy, 
and  forced  them  to  abandon  their  village  and  fort;  then 
attacked  a  second  village  with  like  success;  but  while  jjursuing 
the  routed  foe,  he  received  two  wounds.  When  his  Indians 
knew  this,  they  abandoned  him.  A  Jesuit  (Father  Sc  .it)  and 
forty-eight  soldiers  remained  (with  Vinccnncs)  true  o  him. 
These  soldiers  gathered  around  their  commander  to  defend, 
him  and  repulse  the  enemy,  who  attacked  however  so  vigor- 
ously, that  D'Artaguettef  and  his  party  were'at  last  forced  to 


n\ 


m 


iV, 


ii'"  1} 


*It  is  stated  by  Gayarru  that  D'Artaguctte  rccciveJ  a  letter  from  Bienville,  in 
which  he  informed  Iiiin  that  unexpected  obstacles  would  prevent  him  from  reach- 
ing the  Chickasaws  before  the  end  of  April,  and  that  he  must  take  measures 
accordingly.  He  thereupon  hold  a  council  of  war,  and  determined  to  attack  tho 
Chickasaws. 

t  This  officer  was  the  youngest  brother  of  Diron  D'Artaguctte,  who  had  long 
held  office  in  the  colony.  He  served  with  distinction  in  the  Natchez  war,  and 
was  rewarded  for  his  bravery  by  promotion  to  the  command  of  Fort  Chartres.    In 

8 


m 


'■ 


114 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


surrender.  Instead  of  ill  treating  them,  tlie  enemy  conducted 
them  to  their  village,  and  kept  them  as  prisoners,  hoping  by  sur- 
rendering them  to  obtain  peace  from  the  French,  if  they  came 
to  attack  them ;  but__\vhen  they  learned  that  our  troops  had 
retreated  from  their  territory,*  they  led  them  out  to  a  plain, 
and  tying  them  by  fours  to  stakes,  burnt  them  all  with  a  slow 
fire,  except  himself,  whom  they  spared  on  account  of  his 
master's  affection  for  him. 


CHAPTER    XXXIX. 


NEfFEXPEDITIOnAOAmST  THE  CHICKASAWS.— PEACE  MADEWITH  THE 

irfDIANS. 

Meanwhile,  the  commandant  thought  of  avenging  this 
defeat  and  the  deaths  of  the  brave  men  who  fell  in  the  last 
expedition.  With  this  view  he  prepared  to  march  against  the 
enem)?  again,  not  by  the  Mobile  River,  as  before,  but  by  the 
St.  Louis  (Mississippi),  to  escape  the  disadvantages  of  the 
other.  As,  however,  he  did  not  deem  his  forces  sufficient  for 
the  enterprise,  he  wrote  to  France,  and  orders  were  sent  to 

compliance  with  tho  orders  of  Bienville  he  set  out  for  the  Chickasaw  country 
with  a  large  force  of  Indians,  but  leing  warned  by  the  fate  of  Lescur,  he  slackened 
his  march,  and  arrived  at  the  place  of  rendezvous  only  on  the  eve  of  the  very  day 
that  was  appointed.  He  encamped  in  sight  of  the  enemy,  and  B'jnville  not 
arriving  in  time,  his  Indian  allies  compelled  him  to  attack  the  enemy,  which 
resulted  in  his  defeat  and  cruel  death.  The  brave  Vincenncs  also  refused  to  fly, 
and  he  too,  with  Father  Senat,  perished  at  the  stake. 

•  "  The  Chickasaws,"  says  Pickett,  "have  never  been  conquered.  They  could 
not  be  defeated  by  De  Soto  with  his  Spanish  army,  in  1541 ;  by  Bienville  with 
his  French  troops  and  Indian  allies,  in  17.36  and  1740 ;  by  Vaudreuil  and  his 
army,  in  1752  ;  nor  by  the  Creeks,  Cherokees,  Shawnces  and  Choctaws,  who 
had  continually  waged  war  against  them  at  different  tirri  7."  Thus  ended  in  a 
complete  failure  the  expedition  of  Bienville,  which  bro'.^hi.  a  cloud  of  censure 
upon  his  military  fame. 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


115 


Bcauharnais,*  Governor  of  Quebec  and  Canada,  to  assist  him. 
Tlie  court  at  the  same  time  sent  out  tiiree  royal  vessels,  com 
mandcd  by  the  Chevalier  de  Kerlcrec,  and  which  brought  a 
body  of  marines  under  the  Chevalier  de  Noailles.  While  these 
vessels  were  on  their  way,  the  commandant-general  wishing  to 
have,  as  before,  an  intermediate  station  for  his  troops,  sent  off 
a  large  detachment  to  St.  Francis  Eiver,  to  build  a  fort,  and 
one  Avas  soon  erected  and  put  in  a  state  of  defence. 

The  royal  squadron  arrived  before  New-Orleans  in  the  month 
of  May,  1739,  and  soon  after  the  commandant-general  sent  to 
Fort  St.  Francis  the  first  convoy  under  the  Sr.  do  Noyan.  lie 
himself  proceeded  to  that  post  towards  the  close  of  June,  and 
the  whole  army  assembled.  It  was  composed  of  marines, 
troops  from  the  capital,  militia  and  negroes,  and  some  neigh- 
boring Indians.  The  whole  embarked,  leaving  a  small  detach- 
ment to  garrison  the  fort,  and  proceeded  to  a  little  river  called 
Margotjf  where  the  general  thought  proper  to  land.  This 
point  was  indeed  ^twelve  or  fifteen  leagues  from  the  enemy, 
but  there  was  here  no  danger  of  a  fall  in  the  water,  which 
would  compel  a  land-march.  The  army  encamped  at  the  foot 
of  a  hill  in  a  very  pretty  plain,  and  as  soon  as  all  were  settled 
the  general  proceeded  to  fortify  his  position.  The  troops  were 
immediately  employed  in  felling  trees  and  raising  palisades,  so 
that  they  had  soon  erected  a  large  and  spacious  fort,  with 
.1  house  for  the  commandant,  barracks  for  the  soldiers,  store- 
houses and  a  bakery.  It  was  called  "  Fort  Assumption," 
because  the  army  landed  on  that  day.  At  the  same  time  they 
began  to  clear  the  roads,  make  sleds  and  carts,  to  carry  not 
only  cannon,  but  the  ammunition,  and  supplies  necessary  for  a 
siege. 

*Thc  father  of  the  first  husband  of  the  Empress  Josephine, 
t  This  is  now  called  Wolf  River ;  and  Fort  Assumption  was  built  on  a  bluff 
near  the  present  city  of  Memphis. 


h 


i 


a  : 
I 

'  'I 


■I  ,ii 


m 


I 


;      ,11 

-I- 

:.    -til 

w 


.'■'■■  it, 

mil 
^11 


116 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


M 


At  this  post  the  army  was  joined  by  the  reinforcements  ex- 
pected from  the  upper  provinces.  First,  there  arrived  the 
Sieur  do  la  Buissouiure,*  commandant  of  the  Illiuui.s,  at  the 
head  of  lils  garrison,  and  such  Indians  as  he  could  gather  of 
various  tribes ;  he  brouglit  horses  and  many  head  of  cattle. 
After  him,  came  Captain  dc  Celeron  and  Lieutenant  de  St. 
Laurent,  followed  by  thirty  cadets,  sent  by  the  Governor  of 
Quebec,  with  a  great  number  of  Canada  Indians,  Iroquois, 
Hurons,  Nipissings,  Algonquins,  &c. 

These  united  troops  made  up  a  formidable  army,f  such  as  had 
never  yet  been  seen  in  the  country,  both  in  numbers  and  in  the 
variety  of  the  nations  composing  it;  all  assembled  to  avenge 
the  French  on  their  enemies,  the  Natchez  and  Chickasaws. 
The  troops  remained  encamped  here  without  undertaking 
anything,  from  August,  in  that  year,  till  March,  1740.  Pro- 
visions were  at  first  abundant,  but  at  last  became  so  scarce  that 
they  had  to  eat  their  horses,  and  sickness  breaking  out  in  the 
camp,  carried  off  great  numbers.  In  these  circumstances,  the 
general  seeing  himself  reduced  to  the  sad  necessity  of  being 
able  to  use  only  his  auxiliary  troops,  as  his  own  were  sick,  and 
considering  that,  perhaps,  these  very  Indians,  then  our  allies, 
would  one  day  reproach  the  French  with  having  prevented 
their  crushing  the  enemy,  he  resolved  to  use  mildness,  and 
prefer  peace  to  war.  In  consequence  of  this  resolution,  to- 
wards the  middle  of  March,  he  dispatched  the  Sieur  de  Cele- 
ron, with  his  thirty  cadets  and  his  Indian  troops,  to  the  Chick- 
asaws, Avith  orders,  in  case  they  came  to  ask  peace,  to  grant  it 
in  ;^his  name.  What  the  general  had  anticipated  took  place. 
As  soon  as  Celeron  came  in  sight  of  the  Chickasaw  fort, 

*  La  Buissoniore  had  succeeded  the  unfortunate  Chevalier  d'Artaguette  to  the 
command  of  Fort  Chartres. 

t  The  army  of  Bienville  numbered  about  twelve  hundred  white  troops,  and 
double  that  number  of  Indian  and  black  troops. — Martin. 


s  if 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


117 


the  enemy,  believing  him  followed  by  the  whole  army,  gave 
up  all  hope  and  struck  their  flag ;  and,  though  a  dangerous 
expedient,  came  to  him  to  ask  peace,  and  beg  him  to  intercede 
with  the  general  for  them,  protesting  tliat  they  were  friends  of 
the  French,  alleging,  in  proof,  that  they  had  in  their  village 
two  English  but  no  French  slaves.  They,  at  the  same  time, 
offered  to  receive  into  their  villngc  such  person  as  he  chose  to 
send,  to  witness  with  his  own  eyes  the  truth  of  what  tlicy  said. 
Lieutenant  de  St.  Laurent  undertook  this,  and  set  out  with  a 
little  slave  of  his,  but  soon  repented  committing  himself  some- 
^v'hat  too  lightly  to  the  good  fliith  of  a  nation  of  which  they 
were  not  sure.  Scarcely  were  they  in  the  fort  than  all  the 
Indian  girls  and  women  were  clamorous  for  their  heads ;  and 
they  were  actually  conducted  to  a  strong  cabin  and  locked 
up  there  for  an  hour,  while  the  chiefs  and  leading  men  were 
deliberating  whether  they  should  or  should  not  make  away 
with  the  Frenchman.  They  at  last  resolved  to  spare  him,  to 
obtain  peace  by  his  means ;  they  then  left  the  council,  put  on 
their  ceremonial  dress,  and  came  dancing  and  singing,  to  pre- 
sent the  calumet  to  the  lieutenant,  making  him  smoke  and 
giving  him  presents,  swearing  that  henceforward  they  Avould 
regard  all  Frenchmen  as  brothers.  The  Sieur  de  St.  Laurent, 
charmed  at  the  result,  promised  the  same,  on  behalf  of  his 
countrymen,  and  they  left  the  fort  together  to  go  and  present 
the  calumet  to  the  Sieur  de  Celeron,  Avho  accepted  it,  and 
promised  peace. 

After  remaining  three  or  four  days  with  these  Indians,  the 
captain  set  out  for  the  army,  with  a  considerable  deputation  of 
Chickasaws,  who,  on  their  arrival  at  the  camp,  cast  themselves 
at  the  feet  of  the  general  and  begged  peace.  They  delivered 
into  his  hands  their  two  English  slaves,  and  swore  to  regard 
the  French  thenceforward  as  brethren.     Thus  were  pacified 


ia 


I  Si 


li 


H . . 


118 


IIISTOKICAL  MEMOIRS  OF  LOUISIANA. 


the  troubles  with  tlie  Chickasaws  in  the  month  of  April,  1740.* 
The  general  then  dismissed  his  auxiliary  tr(X)ps,  after  thank- 
ing them,  by  presents  in  goods.  Fort  Assumption,  now  use- 
less, was  razed,  and  the  army  rc-embarked  to  return  to  tho 
capital,  which  it  reached  in  safety  after  an  absence  of  more 
than  ten  months,  destro_ying  on  their  way  back  Fort  St. 
Francis,  now  equally  useless. 

Thus  peace  seems  to  have  restored  calm  in  the  province,  so 
that  now  they  can  continue  forming  new  settlements  on  its 
lands,  which  arc,  as  we  have  seen,  of  the  finest  quality.  Yet, 
it  must  be  admitted,  that  if  the  Chickasaws  have  thus  far  kept 
their  word,  the  Natchez  have  still  continued  to  bo  trouble- 
some. They  had  retired  from  among  those  allies,  ■'Aio  had  re- 
ceived them  so  well,  and  roanied  about  the  conntrv  without 
Laving  any  fixed  abode.  In  June,  two  months  after  the  conclu- 
sion of  the  peace,  a  boat,  going  from  New-Orleans  to  Illinois, 
was  attacked  by  them  when  almost  at  its  destination,  all  on 
board  killed,  its  cargo  carried  off,  and  the  boat  itself  broken  to 
pieces.  In  the  boat  was  a  girl  of  fifteen  or  sixteen,  on  her  way 
from  the  Ursuline  Convent  at  New-Orleans,  Avhere  she  had  been 
a  boarder,  to  the  Illinois  post,  wdiere  she  had  a  sister  married 
to  the  storekeeper.  This  young  girl  had  the  good  fortune  to 
escape  from  the  Indians  and  to  reach  her  sister,  traveling 
through  the  woods  and  living  only  on  wild  herbs. 

*  This  campaign  closed  the  military  career  of  Bicnviih?  in  Louisiana  ;  and 
to  crown  tlic  n)isfortuncs  of  two  disastrous  campaigns  against  the  Chickasaws, 
ho  was  succeeded  in  the  government  of  Louisiana  by  the  Marquis  do  \  audreuil, 
Tn  1741,  Bienville  returned  to  France,  where  he  died  at  an  advanced  age.  His 
martial  but  benignant  countenance  has  been  preserved  in  a  well  executed 
portrait,  which  now  adorns  the  family  mansion  of  Baron  Grant,  of  Longueil, 
Canada.     The  State  of  Louisiana  should  possess  a  copy  of  it. 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


119 


CHAPTER   XL. 


NEaROSLJrES. 


t( 


It  would  bo  wrong  to  suppose  the  negroes  I  have  so  often 
mentioned  to  be  natives  of  Louisiana.  They  are  blacks,  from 
the  coast  of  Guinea,  sent  into  the  province  by  the  company, 
and  distributed  to  the  colonists  at  a  thousand  livres  a-picce, 
payable  in  three  years  in  colonial  produce.*  When  a  slave 
vessel  arrived  it  was  visited  by  surgeons,  who  separated  tho 
healthy  from  the  sick,  and  put  the  latter  under  treatment.  The 
former  were  then  divided  in  this  way :  Such  settlers  as  were 
named  to  have  negroes  went  to  the  commissary-ordinator,  and 
drew  from  a  bag  a  ticket,  whose  number  denoted  the  negro  or 
negrcss  that  fell  to  them,  each  negro  having  a  number  around 
his  neck.  As  for  the  sick,  they  were  sold  at  auction,  and  as 
there  were  always  settlers  who  could  not  get  healthy  ones, 
the  biddings  ran  so  high  that  the  sick  brought  as  much  as  tho 
others. 

These  negroes  are  fed  in  their  masters'  houses,  with  rice, 
maize,  or  other  food  of  the  country.  Some  of  these  slaves  can 
really  rejoice  at  having  fallen  into  good  hands ;  but  there  aro 
many,  too,  who  suffer.  They  are  sent  to  work  at  daybreak, 
either  in  the  fields,  or  at  something  else ;  in  the  course  of  the 


it 


-if. 


*  In  1712  there  were  but  twenty  negroes  in  the  colony,  and,  although  Crozat's 
charter  conferred  the  privilege  of  introducing  them,  it  does  not  appear  that  ho 
availed  himself  of  it  to  any  extent.  The  first  large  importation  was  made  under 
the  auspices  of  the  Western  Company  in  June,  1719  ;  and  during  the  existence 
of  the  company  and  or  several  years  afterwards,  their  agents  continued  to  sup- 
ply the  demand  at  the  rate  of  three  to  five  hundred  annually.  The  common 
price  for  a  good  negro  man  was  about  one  hundred  and  fifty  dollars  ;  and  for  a 
woman,  about  one  hundred  and  twenty  dollars. — Historical  Collections  of  Louisi- 
ana, vol.  iii.,  p.  64. 


120 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


morning  Ihcy  have  liuU'un  liour  for  breakfast,  and  at  lialf-paat 
eleven  tlicy  go  to  the  house  to  gut  their  dinner,  and  then  work 
again  IVotu  two  till  sunset,  when  they  conic  home  again,  and 
then,  soinetinics,  must  break  rice  or  Indian  corn  to  make  bread. 
TIioso  who  have  many  negro  slaves,  and  arc  consequently 
looked  upon  ns  lords  in  the  country,  do  not  take  the  troul'le 
to  lead  them  to  work  themselves;  for  this  purpose  they  hire 
a  Frenchman,  who  manages  and  watches  them.  Sometimes  a 
confidential  negro  holds,  and  ho  then  carries  a  whip  as  a  mark 
of  distinction.  Tiie  negresses  go  to  work  like  the  negroes;  and 
Avhcn  nursing  children,  carry  them  on  their  backs,  and  follow 
the  rest. 

Most  of  the  slaves  clear  grounds  and  cultivate  them  on  their 
own  account,  raising  cotton,  tobacco,  &c.,  which  they  sell. 
Some  give  their  negroes  Saturday  and  Sunday  to  themselves, 
and  daring  that  time  the  master  docs  not  give  them  any  food; 
they  tlicn  work  for  other  Frenchmen  who  have  no  slaves,  and 
who  pay  them.  Those  who  live  in  or  near  the  capital  general- 
ly turn  their  two  hours  at  noon  to  account  by  making  faggots 
to  sell  in  the  city ;  others  sell  ashes,  or  fruits  that  are  in  season. 
Some  of  these  negroes  have  behaved  so  well  as  to  gain  their 
freedom,  and  have  begun  plantations  in  imitation  of  the 
French. 

"When  a  negro  maroons,  that  is,  runs  away,  he  is  flogged 
when  taken.  The  punishment  is  inflicted  in  this  Avay :  he  is 
laid  flat  on  his  face  on  the  ground,  his  two  legs  kept  together, 
and  his  arms  extended  and  tied  to  two  stakes  so  that  he  forms 
a  letter  Y.  In  this  state  he  receives  a  hundred  or  sometimes 
two  hundred  blows  of  a  carter's  whip.  While  this  is  going 
on,  a  lighted  brand  must  be  kept  ready  to  apply  to  his  face 
when  he  does  not  cry  ;  for  it  often  happens  that  in  their  rage 
at  the  punishment,  negroes  have  choked  themselves  by  thrust- 


I 


niSToiucAr.  mkmoiiw  of  Louisiana. 


121 


irif^  tlicir  toiifjuo  over  their  palate  aiul  aetually  sucking  it  in. 
When  their  skin  is  thus  in  nhreds,  it  is  rubbcMl  with  a  sponge 
dipped  in  pepper  and  vinegar.  At  Cape  St.  Fraiieis  in  St. 
Duniingo,  tliey  u.sc  lemon  juiec  and  pimento.  'I'his  is  a  pain- 
ful ai»plieation,  but  a  sovereign  balm,  for  it  cures  their  wounds 
in  twenty-four  hours.  After  this  punishment  they  are  put  in 
irons  and  kc])t  fasting  until  they  j)romise  to  behave  better. 
When  a  negro  commits  any  crime  jmni.shable  by  death,  he  is 
punished  in  the  usual  way  and  his  master  loses  him,  but  he  does 
not  bear  the  whole  los.s,  the  other  iiduibitants  being  obliged  to 
contribute  with  him  to  make  up  the  priei  of  tlu'  negro.* 

As  the  race  of  hangmen  have  not  yet  eniigrated,  and  a  well- 
ordered  government  must  have  them,  they  had  to  choose  one  of 
the  eom{)any's  negroes  to  fdl  that  post  in  the  early  part  of  the 
establishment  of  the  colony.  I  lis  name  was  Johnny;  "when  he 
was  called  and  they  had  explained  their  wi.sh,  he  tried  to  get 
clear  of  it,  although  they  promised  him  his  liberty.  IJut  when 
he  saw  that  they  would  force  him  to  it,  he  exclaimed :  "  Well  1 
that  is  right,  ■wait  a  moment,"  and  runnmg  to  his  cabin,  took 
an  axe,  and  laying  his  arm  on  a  block  cut  oil'  his  hand,  and 
returning  to  the  meeting  showed  his  jnaimed  limb,  and  his 
consequent  inability  to  exercise  the  ofliee  with  -which  they 
would  have  honored  him.  It  is  easy  to  imagine  the  efleet 
produced  by  this  action  :  the  first  thought  was  to  save  his  life  ; 
he  was  put  in  the  hands  of  surgeons,  cured,  and  made  com- 
mander of  the  company's  negroes.  As  for  the  office,  another 
less  delicate  was  found,  who  accepted  it  as  the  price  of  his 
freedom,  so  that  the  hangman  in  the  colony  is  a  negro. 

*  In  order  to  regulate  the  treatment  of  slaves,  Bienville  drew  up  a  code  in  re- 
ference to  them  wlilch  he  promulgated  in  1724.  It  remained  in  full  force  till 
after  the  cession  of  J^ouisiana  to  the  United  States,  when  a  new  code  was  drawn 
up,  which  is  now  the  law  of  the  land. — Historical  ColUctions  of  Louisiana,  vol. 
ill.,  p.  89. 


it 


122 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


CHAPTER   XLI. 


AEW  DISCOVERIES    TO  REACH  THE  WESTERN   SEA  BT  TtlX   MISSOURI. 

I  SHALL  close  what  I  liave  to  say  of  Louisiana,  by  some 
remarks  sent  me  by  a  friend,  (Lepage  du  Pratz,)  Avliom  I  have 
already  frequently  cited.  They  relate  to  the  "Western  Sea, 
and  the  means  of  reaching  it  by  the  Missouri  River.  I  will  in 
this  chapter  give  his  own  words  : 

"  An  Indian  from  near  the  Yazoos,"  sa}  s  he,  "called  Mon- 
cachtabe,  surnamcd  by  the  French  interpreter,  because  ho 
spoke  almost  all  the  Indian  languages  of  North  America,  was 
brought  to  me  at  my  request.  He  had  been  mentioned  to  me 
as  an  extraordinary  man  for  long  voyages ;  he  had  in  fact 
traveled  three  years  on  the  Canada  side  and  one  on  the  other, 
and  in  the  west-northwest.  I  received  him  well,  and  as  he 
stayed  sometime  at  my  house,  I  was  enabled  to  get  from  him, 
at  leisure,  an  p'^f^ount  of  his  travels.  In  one  of  our  conversa- 
tions on  this  subject,  I  learned  the  following  of  his  voyage  to 
the  west-northwest : 

"He  ascended  the  St.'Louis  (Mississippi)  to  the  Hlinois; 
thence,  crossing  the  river  either  on  a  raft  or  by  swimming,  he 
began  to  travel  by  land  north  of  the  Missouri,  a  river  which 
the  Sieur  de  Bourmont,  who  ascended  it  to  its  source,  gives  a 
course  of  eight  hundred  leagues  from  its  rise  till  it  empties  in 
the  Mississippi.  Following  the  north  bank  of  this  river,  Mon- 
cachtabd  reached  a  nation  said  to  be  the  nearest  to  the  place  of 
his  departure;  here  he  made  some  stay  to  perfect  himself 
in  their  language,  whicli  he  knew  already,  and  to  learn  that  of 
the  nearest  nation  in  the  direction  where  he  proposed  going. 
He  followed  this  course,  advancing  from  tribe  to  tribe,  and 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


123 


ISSOURI. 

)y  some 
L I  havo 
rn  Sea, 
[  -will  in 

3d  Mon- 
aiise  lio 
ica,  was 
id  to  me 
.  in  fact 
le  other, 
d  as  lie 
3m  him, 
onversa- 
)yage  to 

[llinois ; 
ning,  he 
;r  which 

gives  a 

ipties  in 

3r,  Mon- 

place  of 

himself 
n  that  of 
d  going, 
ibe,  and 


thus  greatly  prolonged  the  time  of  his  travels,  which  embraced 
H/e  years.  Ilaving  at  last  reached  the  source  of  the  Missouri, 
always  keeping  to  the  west-northwest,  he  visited  several 
nations  on  a  neighboring  river,  which  ran  in  the  opposite 
direction,  since,  as  he  judged,  it  ran  from  east  to  west  into 
a  sea,  of  which  the  Indian  did  not  know  the  name]  any  more 
than  of  the  river. 

"  Moncachtabd  followed  it,  however,  for  some  time,  always 
keeping  on  the  same  route,  but  he  could  not  reach  its  mouth, 
because  the  last  tribe,  where  he  was  forced  to  abandon  his 
progress,  was  at  war  with  another  between  it  and  the  sea.  He 
was  very  anxious  to  see  it,  but  the  open  war  between  the  two 
tribes  prevented  it,  and  even  prevented  his  learning  any  more 
about  it  then,  because  the  few  prisoners  in  the  hands  of  his 
hosts  were  too  young  to  give  him  any  information  on  the 
point.  However,  the  hope  of  getting  some  light  in  the  course 
of  time  induced  him  to  stay  there  a  considerable  time ;  he 
even  went  on  a  war  party  with  his  hosts,  and  as  soon  as  winter 
came,  the  season  set  apart  by  the  Indians  for  hunting  and  war 
parties,  he  joined  the  first  one  that  started  against  the  enemy. 
It  was  not  successful ;  they  made  no  captives,  and  lost  some  of 
the  party.  The  first  parties  indeed  seldom  succeed,  because 
the  enemy  are  then  on  their  guard.  Moncachtabd  was  not 
discouraged ;  he  joined  a  second  party  against  the  same  nation, 
which  proved  more  fortunate.  They  defeated  a  party  of  the 
enemy  and  took  four  prisoners,  three  men  and  a  woman  of 
about  thirty-two,  who,  taken  by  our  traveler,  became  his  slave. 
These  four  Indians  were  led  in  triumph  by  the  Indians  to  their 
village  to  be  burnt  with  their  ceremonies.  The  men  were  in- 
deed burnt,  but  Moncachtabe  kept  the  woman  in  his  cabin, 
married  her  and  treated  her  kindly,  in  hopes  of  deriving  from 
her  some  information  on  the  point  he  desired. 


fLTBBS 


124 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


"  In  fact,  after  wiping  away  her  first  tears,  tliis  woman  the 
more  readily  answered  her  husband's  questions,  and  satisfied 
his  curiosity,  as  ho  showed  her  much  fricndshiji,  and  she  knew 
that  he  did  not  belong  to  the  enemies  of  her  tribe.  She  told 
him  then  as  follows  : 

y"  '  Our  country,'  said  she,  '  is  only  two  days'  journey  from 
the  great  water.  I  wont  there  about  four  years  ago  with  some 
men  and  women  of  our  village  to  get  some  of  those  large  shells 
which  they  use  as  ear-rings,  and  the  large  flat  ones  worn  by 
men  around  their  necks.  AVhilc  we  were  gathering  them  there 
appeared  on  the  great  water  a  large  piragua,  in  which  there 
were  two  or  three  bodies  standing  up,  with  something  hanging 
from  the  top  that  swelled  up.  (This  sorry  description,  it  is  clear, 
means  only  a  ship  and  its  sails.)  After  this  large  piragua,' 
continued  she,  '  we  saw  a  smaller  one  (a  boat) ;  it  entered  a 
large  and  beautiful  river,  and  i;ook  wood  and  water  to  the 
large  piragua.  Those  in  the  little  piragua  saw  us,  and  we 
apparently  were  equally  afraid  of  each  other.  We  returned 
to  a  wood  on  a  height  whence  we  could  easily  sec  them ;  they 
were  G.vo  days  taking  in  wood  and  water,  and  then  all  got  into 
the  large  piragua,  though  we  were  too  far  oft"  to  sec  how  they 
got  the  little  one  in.  After  that,  they  swelled  up  the  hanging 
thing  in  the  large  piragua,  and  were  carried  far  away,  and 
disappeared  from  our  eyes  as  if  they  went  down  in  the 
water. 

"  '  As  we  had  had  time  to  examine  them  during  the  five  days 
which  they  spent  near  us,  we  saw  that  the  men  were  smaller 
than  ours,  with  white  skins,  black  and  white  hair  on  the  chin, 
no  hair  but  something  round  on  the  head.  They  wore  some  - 
thing  on  their  shoulders  which  passed  over  their  shoulders, 
covered  their  bodies  and  came  down  to  the  middle  of  the  leg ; 
they  had  also  leggings  and  shoes  different  from  ours.    Wo 


nan  the 
satisfied 
le  knew 
5he  told 

ey  from 
til  some 
yQ  shells 
A'orn  by 
;m  there 
ch  there 
hanging 
,  is  clear, 
piragua,' 
itered  a 
•  to  the 
and  Ave 
cturned 
n;  they 
got  into 
ow  they 
langing 
v^ay,  and 
in  the 

ive  days 
smaller 
he  chin, 
e  some- 
oulders, 
the  leg ; 
rs.    We 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


125 


never  could  count  more  than  sc  .n  in  the  little  piragua, 
and  one  little  boy,  but  no  women.' 

"  Such  is,  in  substance,"  adds  my  friend,  "  the  answer  of 
Moncachtabd's  wife  to  that  traveler;  and  from  it  I  am  inclined 
to  believe  that  the  great  water  of  which  she  spoke  was  the 
western  sea,  so  long  sought." 

Think  what  we  may  of  this  account  of  Lepage's,  which 
some  will  perhaps  regard  not  as  a  reality,  but  as  a  poor  imita- 
tion of  Kobiuson  Crusoe,  it  cannot  possibly  sulllcc  to  give  our 
geographers  much  new  light  as  to  the  real  position  of  the 
western  sea  and  the  means  of  reaching  it.  To  have  better,  the 
reader  must  consult  Do  Lisle  and  Bubachc's  new  map  of 
North  America. 

[It  is  much  to  be  regretted  that  M.  Dumont,  who  lived  some  years  after  he  re- 
turned to  France,  had  not  brouglit  down  his  liistory  of  Louiaiana  to  its  abandon- 
ment to  Spain.  Few  events  of  importance  occurred  however  in  Louisiana  from 
1740  until  that  period.  The  colonists  were  exempted  from  disastrous  wars, 
which  enabled  them  to  extend  their  settlements,  to  cultivate  their  fields,  and  to 
prosecute  their  trade  with  the  West  India  Islands.  They  now  began  to  export 
some  cotton,  also,  considerable  quantities  of  indigo,  peltry,  hides,  tallow,  pitch, 
tar,  ship-timber,  ar. '  other  raw  materials.  These  exports  continued,  and  gradu- 
ally increased  till  the  country  was  ceded  to  Spain  in  ITIVJ.  The  fate  of  the 
Louisianians  will  now  form  the  subject  of  the  next  memoir,  by  the  Chevalier  de 
Champigny,  wliich  will  throw  new  light  upon  the  cruelty  and  oppression  of  the 
Spanish  government  in  Louisiana.] 


ir 


•  ;■'  '  -1  i. 


m 


^im 

"111 

■M 

Mm 


I' 
si 


ti 


...■■A. 

kH 

;;'iL 

Wl 

■4    r 

'■v':' 

MEMOIR 


ON  THE 


PEESENT  STATE  OF  LOUISIANA: 


.ii' 

1 
t 

''•nfe 


BT 


CHEVALIER  DE  CHAMPIGNY, 


TRANSLATED  FROM  THE  FBENCH. 


'if 
>f  ff 


ltd 


'■>■  *p] 


(19  1  1» 


f'  ,^ 


PREFACE. 


Louis  XV.  had  just,  by  the  treaty  of  Versailles,  restored  to  Franco  the  repose 
and  tranquillity  which  had  become  an  urgent  necessity.  The  multiplied  and  bril- 
liant victories  of  the  English  had  totally  changed  tne  face  of  America.  Canada 
had  fallen  a  prey  to  the  conqueror,  Florida  had  been  ceded  to  him  in  exchange 
for  Havana,  and  the  limits  of  French  Louisiana  had  been  rolled  back  to  the  right 
bank  of  the  mighty  Mississij.pi ;  the  whole  left  bank,  except  the  isle  of  New- 
Orleans,  formed  by  the  Mississippi,  and  Iberville  or  Manchac  River,  having  been 
surrendered  to  the  English.  They  thus  became  the  possessors  of  the  immense 
tract  of  country  wl*ich,  runnnig  from  east  to  west,  lies  between  the  Mississippi 
throughout  its  course,  and  the  ocean  which  bathes  the  coasts  of  Florida,  New- 
England  and  Canada.  Hudson's  bay  bounded  these  possessions  on  the  north, 
and  the  gulf  of  Mexico  in  part  on  the  south. 

What  remained  to  France  of  her  vast  province  of  Louisiana,  comprised  a  strip 
eighty  leagues  from  east  to  west,  from  the  mouth  of  the  Mississippi  to  Mexico. 
The  Del  Norte  (Rio  Grande)  on  the  west  and  the  Mississippi  on  the  east  bounded 
these  possessions,  which  extended  from  29"^  N.  to  50°  N.,  and  even  beyond. 

At  the  moment  of  the  cession  of  a  part  of  Louisiana  to  England,  we  shall  see 
flashing  in  its  French  inhabitants  a  spark  of  that  fire  of  loyalty  that  bound  them 
jo  their  king.  We  shall  see  this  spark,  secretly  kindled,  burst  forth  in  all  its 
violence  at  the  moment  when  Spain  undertook  to  enter  into  possession  of  apro- 
vincc  which  France,  (through  private  arrangoments,  incident  however  to  the 
treaty,)  had  ended  to  that  country  to  indemnify  her  for  the  expenses  of  the  war. 

It  will,  however,  I  believe,  be  better  to  give  first  a  short  sketch  of  what  part  of 
Louisiana  had  been,  from  its  discovery  to  the  treaty  of  peace  in  1762  ;  then,  con- 
sider it  from  the  dismemberment,  to  which  it  was  then  subjected,  till  the  arrival 
of  the  Spaniards,  and  finally  from  their  arrival  to  the  present  time. 

These  three  epochs  will  form  the  three  ages  of  the  colony  ;  they  will  divide, 
accordingly,  this  memoir  into  as  many  parts.  The  last  will  be  sujdivided  into 
two  sections  ;  the  first  will  comprise  the  period  between  the  arrival  and  depar- 
ture of  Don  Antonio  de  Ulloa;  and  the  second,  the  subsequent  period  down  to 
the  present. 


ii-L 


III 


MEMOIR 


OF  THE 


PRESENT  STATE  OF  LOUISIANA: 


BT 


CHEVALIEll    DE    CHAMPIGNY. 


FIRST    PART. 


FRANCE  will  not  long  forget  the  famous  projector,  Law,* 
who  was  the  first  to  give  any  impulse  to  the  colony  of 
Louisiana.  After  the  attempt  at  discovery  by  M.  dc  la  Salle,  f 
Iberville,  a  Canadian  gentleman,:}:  laid  the  foundations  of  an 
establishment  in  1699  and  1701  at  Mobile  and  Biloxi,  and 
went  around  the  isle  of  New-Orleans  to  reconnoitre  the  famous 
river  Mississippi,  the  principal  object  of  his  voyage. 

As  long  as  that  great  man  lived,  he  protected  this  rising 
colony,  composed  then  of  some  Canadian  families  who  had 
come  after  him.  After  his  death,  in  1706,  the  court  neglected 
Louisiana ;  the  wretched  state  of  the  kingdom  excluded  every 

*  John  Law  was  ihc  comptrollor-gpncral  of  the  finances  of  France,  and  projector 
of  the  famous  "  Western  Company."  See  the  charter  of,  in  the  third  vohime  of 
the  Historical  Collections  of  Louisiana. 

t  For  a  full  account  of  the  discovery  and  exploration  of  the  Mississippi  valley 
see  the  first  and  fourth  volumes  of  the  Historical  Collections  of  Louisiana. 

t  Iberville  was  the  first  royal  Governor  of  Louisiana. — Historical  Collections  of 
Louisiana,  vol.  iii.,  p.  10. 


Wi>;. 


130 


UISTORICAL  MEMOIRS  OF  LOUISIANA, 


idee  of  colonization  and  expense.  Louisiana  was  ceded  to  M. 
Crozat  in  1712,*  retrocedcd  to  the  king  in  1717,  and  at  last 
Law's  project  came  forth  with  the  ostensible  pretext  of  estab- 
lishing the  India  Company  there. 

The  vast  territory  of  Louisiana  was  represented  as  the  richest 
part  of  the  world  ;  "  ])carls,"  said  they,  "  could  be  fished  there 
in  abundance  ;  tlic  streams  which  watered  it  rolled  on  sands  of 
gold,  and  that  precious  metal  was  found  on  the  surface  of  the 
earth  witliout  any  need  of  i)rofaning  its  bosom."  What  a  bait 
for  avarice!  The  company  easily  sold  at  excessive  prices 
estates  very  rich  and  fertile  indeed.  But  this  was  not  the  ob- 
ject of  the  purchasers,  they  wished  gold  and  silver.  Immense 
grants  were  sold  to  the  wealthiest  men  in  the  kingdom.  Loui- 
siana was  soon  occupied  by  greedy  possessors,  whose  main  ob- 
ject was  the  discovery  of  mines ;  but  although  there  are 
many  in  that  great  colony,  they  were  either  not  discovered  at 
first  or  did  not  exist  on  the  grants  assigned,  or  Averc  too  remote 
or  too  badly  located  to  satisfy  the  cupidity  of  the  owners. 
Thus  disappointed  avarice  or  miscalculation  threw  the  fault  on 
the  territory.  The  grantees  Avere  obliged  to  abandon  an  ill- 
conducted  and  still  more  badly  executed  project.  The  em- 
ploy ds  sent  into  that  country  perished  mostly  on  the  sands 
of  Biloxi,  the  rest  scattered  through  Louisiana  or  returned  to 
Europe.  Louisiana  soon  lost  the  degree  of  importance  which 
it  had  enjoyed.  The  company  did  not  however  abandon  its 
plans  of  colonization  which  it  had  resolved  to  carry  out  in  that 
vast  country. 

The  settlers  sent  out  soon  felt  that  they  must  abandon 
the  insane  project  of  mine-seeking  to  apply  themselves  exclu- 
sively to  the  cultivation  of  the  ground.     The  fertility  of  that, 


*  See   Letters  Patent. — Historical    Collections   of  Louisiana,  vol.  iii.,  p.  38. 
The  monopoly  of  Crozat  was  terminated  by  its  surrender.   He  had  advanced  the 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


131 


■watered  by  the  Mi;:sissippi,  encouraged  settlements  on  its 
banks,  and  they  now  thought  of  transferring  to  them  the 
chief  settlement,  whieh  had  been  first  at  Mobile,  and  then  at 
Biloxi. 

M.  de   Bienville,*  a  brother   of  Ibcrville'.s,  founded    New- 
Orleans   in  1718,  1719  and  1720.     This  eity,  situated  on  the 
banks  of  the  Mississippi,  thirty-two  leagues  from  the  mouth, 
becamj  th  j  chief  town  of  the  colony.     The  company  sent  over 
many  sjttlcrs  at  its  own  expense,  but  of  what  character  was 
their  choice  of  persons?  They  gathered  up  the  j)oor,  mendi- 
cants and  prostitutes,  and  embarked  them  by  force  on  trans- 
ports.    On  arriving  at  Louisiana  they  were  married,  and  had 
lands  assigned  them  to  cultivate;  but  the  idle  life  of  three- 
fourths  of  these  folks   rendered  them   unfitted    for  farming. 
Necessity  vainly  calls  us  to  a  laborious  life,  if  the  knowledge 
acquired  by  habit  do  not  enlighten  and  sustain  our  efforts. 


»  m 


colony  l)ut  little.  The  minc!)  anil  comnicrco  of  Louisiana  wore  now  invoked  to  re- 
lieve tlio  ilcl)l  of  France,  wliich  now  exceeded  two  thousand  millions  of  livres. 

At  this  jieriod  of  depression  John  Law  proposed  to  the  regent  a  credit  system 
which  s'lould  liberate  the  kin:^doin  froi.  its  enormous  harden.  Under  his 
auspices  a  new  coni[)any  was  formed,  under  the  name  of  the  Western  Company, 
but  better  known  a  ilie  Mississippi.  The  exclusive  commerce  of  Louisiana  was 
granted  to  this  company  for  twenty-five  years.  The  stock  was  divided  into  two 
hundred  tiiousand  shares  of  five  hundred  livres  each,  to  be  paid  in  any  certificates 
of  the  public  debt.  The  stockliolders  flattered  themselves  with  large  profits,  and 
the  Directory  soon  after  declared  a  dividend  of  two  hundred  per  cent.  The  delu- 
sion was  now  complete,  and  the  stock  rose  to  sixty  times  its  par  value.  In  1719, 
the  Bank  of  Law  became  the  Dank  of  France — T^aw  was  looked  upon  as  the 
greatest  man  of  his  ai,-e.  In  1720,  the  public  began  to  lose  confidence  in  his 
management ;  and  in  May,  bankruptcy  was  avowed  by  a  decree  wliich  reduced 
the  value  of  his  notes  to  one  half .  He  fled  to  England,  and  afterwards  to  Venice, 
where  he  died  on  the  2l8t  of  March,  1721),  in  the  .58th  year  of  his  age.  Such 
was  the  issue  of  Law's  celebrated  system,  which  left  to  the  world  a  lesson  on  the 
credit  system  which  it  has  been  slow  to  learn. 

Although  it  proved  disastrous  to  France,  it  cannot  be  doubted  that  it  gave  an 
impetus  to  the  successful  colonization  of  Louisiana. 

*  See  a  sketch  of  the  public  life  of  Bienville,  in  the  llutorical  Collectioni  of 
Louisi'tna,  vol.  iii.,  p.  ilO. 


■'   iHt, 


Ml  ■  liffii-"nr-    f    r 


132 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


Accordingly,  you  cannot  finj  twenty  of  these  vagabond  fami- 
lies in  Louisiana  now;  most  of  them  died  of  misery  or  returned 
to  France,  bringing  back  such  idea  which  their  ill  success  had 
inspired.  The  most  frightful  accounts  of  the  Mississippi  soon 
bcgau  to  spread  among  the  public,  at  a  time  when  German 
colonists  were  planting  new  and  most  successful  establishments 
on  its  banks,  within  five  or  seven  leagues  of  New-Orleans. 
This  tract,  still  occupied  by  their  descendants,  is  the  best  culti- 
vated and  most  thickly -settled  part  of  the  colony,  and  I  regard 
the  Germans  and  Canadians  as  the  founders  of  all  our  estab- 
lishments in  Louisiana. 

The  fertility  of  this  country  presented  important  objects  of 
culture  ;  that  of  tobacco  alone  sufficed  to  indemnify  the  French 
company 'for  all  its  expenses  in  colonization,  if,  in  consequence 
of  the  pride  which  had  ruined  it,  it  had  not  sought  to  extend 
its  possessions  and  assume  everywhere  an  air  of  sovereignty 
which  never  sits  well  on  a  company  of  merchants,  Avhosc 
attention  should  be  exclusively  directed  to  the  means  of  ex- 
tending commercial  relations  and  increasing  the  number  of 
articles  of  trade.  If  the  company,  instead  of  building  forts  at 
excessive  prices,  keeping  up  considerable  bodies  of  troops, 
raising  buildings  which  served  only  to  gratify  vanity  and  give 
a  vain  idea  of  its  greatness  and  power,  ard  furnishing  its 
agents  every  means  of  increasing  the  expenditure,  had  confined 
itself  to  encouraging  the  culture  of  articles  of  which  they  knew 
the  importance,  we  should  not  now  see  all  good  citizens  of 
France  sighing  over  the  failure  of  the  attempts  to  establish  a 
colon}^,  whose  fertility  is  admired  and  importance  felt. 

The  company  then  enjoyed  in  France  a  monopoly  of  the 
tobacco  trade,  and  drew  a  great  quantity  from  Louisiana. 

The  post  founded  at  Natchez  was  as  wise  as  well  conceived ; 
this  canton  would  have  furnished  all  the  tobacco  needed 


^MmL 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


133 


'  & 


;iVC 


in  Franco,  nnd  tlic  quantity  (?  quality)  is  superior  to  that 
whieli  this  kingdom  now  derives  from  our  provinces  of  ^fary- 
land  and  Virginia.  The  misconduct,  cupidity  and  injustice 
of  the  French  conunandcrs  drove  the  Natchez  to  destroy  com- 
pletely all  the  establishments  begun  on  their  lands.  Tn  one 
day  they  massacred  the  inhabitants,  jjillaged  the  storehouses, 
and  the  whole  colony  would  have  met  the  same  fate  but  for 
the  assistance  of  an  old  woman,  who  found  a  means  of  hasten- 
ing the  day  chosen  by  all  the  nations  in  unison,  for  massacring 
the  French  scattered  through  that  vast  province.  V^y  this 
means  the  Natchez  alone  massacred  the  settlers  among  them. 

On  escaping  from  this  danger,  the  French  had  no  alternative 
but  to  take  quick  vengeance,  in  order  to  strike  other  Indians 
with  awe  and  hold  them  in  check. 

The  Natchez  who  had  struck  the  French  post  were  destroy- 
ed, and  of  that  nation,  once  the  oldest  and  most  important  in 
all  Louisiana,  there  remain  now  only  some  few  families  dis- 
persed in  other  tribes. 

After  this  heavy  loss,  and  the  outlay  of  immense  sums  use- 
lessly spent  in  forts  and  buildings,  the  preservation  of  Louisi- 
ana became  burthcnsomc  to  the  company.*  Its  monoi)oly,  too, 
was  expiring ;  and  the  king,  having  accepted  its  surrender  in 
1732,  sent  out  cargoes  of  men  and  women,  in  whose  selection 
the  same  vice  prevailed,  and  which  accorchngly  could  not  but 
result  as  did  those  of  the  company.  The  little  revenue  de- 
rived, the  immense  sums  which  had  without  return  to  be  jiour- 
ed  into  that  rich  country  without  any  visible  advantage,  and 


't'l 


*  The  monopoly  which  Crozat  and  the  India  Company  enjoyed  and  enforced, 
checked  and  destroyed  in  some  deirree  the  inci|)ient  trade  which  tlio  colony  en, 
joyed  bi'lore  the  peace  of  Utrecht.  Yet  it  cainiot  be  denied  that  at  the  surrender 
of  the  charter,  the  colony  was  found  in  a  prosperous  condition  ;  the  white  popu- 
lation had  increased  from  seven  hundred  to  upwards  of  five  thousand,  and  the 
black  from  twenty  to  two  thousand  persons. 


.:';h 


134 


mSTOKK'AL  MEMOIRS  OF  LOUISIANA. 


the  wars  necessarily  earrieil  on  with  tliu  Tmliaiis,  sielvcned  tlicm 
of  a  colony  tliotieeforwanl  regardml  sis  a  burthen. 

Let  lis  say  all.  'l'li»^  Freiiehinaii,  (juick  lo  coikmmvc  and 
undertake,  would  have  the  execution  and  siiceess  krc\)  paco 
with  tl'.'j  vivacity  of  his  character.  ILenee  his  inaptitude  for 
founding  colonies;  lunice  his  laiUire  in  the  alteiiii)ts  made  by 
his  nati(jn  ;  fur,  if  we  compare  their  possessions  to  llmse  of  the 
Dutch  and  I'aigli.sh,  wc  must,  after  observinj^  the  means  used  b}' 
both,  admit  that  new  establishments  retjuire  the  same  ?('//  ime 
as  children;  they  must  be  furnislied  with  the  necessary  food, 
suitable  to  their  development,  be  neither  hampered  nor  ])U.shed 
on  jjrematurely,  leaving  time  and  nature  to  bring  the  work  to 
perfection. 

I  pass  rapidly  over  the  events  which  concern  I/ouisiana. 
The  notes  will  su[)ply  the  deficiency.  The  various  Indian 
Avars  carried  on  by  France  from  1730  to  1702,  form  :he  most 
interesting  portion.  They  serve  to  prove  that  the  colonists  in 
Louisiana  were  animated  with  the  same  spirit  of  patriotism 
which  rendered  the  conquest  of  Canada  so  diflicult.  liut  I  in- 
tend to  regard  only  the  political  side  of  Louisiana,  and  in  this 
view  I  stop  to  consider  an  event  stated  in  the  dilferent 
memoirs,  whicli  have  within  the  last  few  years  ajjpeared  on 
that  colony. 

The  money  current  there,  as  in  our  New-England  j)rovinces, 
was  paper  having  the  value  of  silver.  In  Louisiana  this  paper 
was  signed  by  the  intendant,  comptroller  and  treasurer ;  every 
year  a  certain  quantity  was  withdrawn  and  bills  of  exchange 
on  the  royal  treasury  in  France  given  instead.  Nothing  was 
better  planned.  Sales  and  exchanges  were  at  once  facilitated, 
and  the  connection  between  the  colony  and  the  mother  country 
strengthened.  The  war  of  1744  multiplied  ex{)enses  and  pre- 
vented  drawing  bills  of  exchange.     The  quantity  of  paper 


•:■»•« 


i^ 


mSTOUICAL  MEMOIHS  OF  LOUISIANA. 


135 


sprcail  in  the  place  exceeded  llie  sums  destined  by  the  govern- 
ment for  tlio  colony.  It  was  in  consequonco  called  in,  tho 
holders  losing  two-llfths  of  the  value — a  signal  fault,  though 
represented  as  necessary  and  indispcMisable,  but  which  has 
greatly  impeded  the  progress  of  th(!  colony. 

The  peace  of  17-48*  tended  to  make  the  evils  produced  by 
the  depreciation  of  tho  paper  currency  less  sensibly  felt.  A 
contraband  trade  with  the  Spaniards  of  Mexico  and  Havana 
brought  much  silver  into  the  colonv  between  1748  and  1752. 
But  an  essential,  though  then  unnoticed  vice  in  this  trade 
was,  that  it  was  not  based  on  the  productions  of  the  colony  ; 
it  was  founded  on  the  aniuencc  of  strangers,  who  brought 
their  dollars  and  Campeachy  wood.  This  flourishing  state 
could  last  only  as  long  as  the  trade  lasted  ;  yet  all  turned  their 
attention  to  trade  and  neglected  agriculture.  Lands  were 
abandoned,  comfortable  planters  sold  their  negroes  and  cattle 
to  engage  in  commerce ;  but  from  1753,  when  }>\,  do  Kerlcrec 
came  to  succeed  M,  Vaudreuil,f  the  Spaniards  no  longer  ap- 


''i 


•After  thn  peace  of  1748,  the  French  ministry  tool<  a  deep  interest  in  the  set- 
tlement of  Louisiana,  and  held  out  oncoumi^cmcnts  to  all  those  who  wished  to 
establish  themselves  tlierc.  Tliey  gave  iand.s,  cattle,  ami  instruments  of  tillage 
to  all  settlers. 

t  The  Marquis  dc  Vaudreuil  was  promoted  to  the  government  of  Canada.  He 
was  the  son  of  a  distini.'uished  ofTicer  who  had  been  governor-general  of  Canada, 
and  belonged  to  an  influential  family  at  the  rrench  court.  His  arrival  in  the 
colony  was  therefore  hailed  with  joy,  as  the  harbinger  of  better  days.  His  ad- 
ministration was  long  remrnibered  as  a  brilliant  one. 

Kerlerec,  his  successor,  was  a  captain  in  the  royal  navy.  He  had  been  twenty 
years  in  active  service,  and  was  distinguished  for  his  bravery.  He  reached  the 
Balize  on  the  9th  of  January  ;  and  on  the  9th  of  February,  17.'J3,  ho  was  install- 
ed CJovernor  of  Louisiana.  He  began  his  administration  by  being  kind  to  the 
Indians,  especially  to  the  powerful  tribe  of  Clioctaws.  He  reduced  the  army  to 
thirteen  hundred  men.  Although  the  French  government  had  recommended  the 
strictest  economy,  and  had  reduced  tho  army,  the  expenses  for  the  year  17.'>4 
amounted  to  near  a  million  of  livres.  In  the  followmg  year  the  Knglish  had 
attacked  the  French  in  Canada,  and  he  expected  soon  to  be  attacked  himself.  In 
1757,  they  had  cut  off  nearly  all  communication  between  France  and  Louisiana, 


i,!^.. 


imiiiiMi),ihmu<i-M.,„ti^ 


136 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


11  :!.V.' 


pearcd  iu  Louisiana  iu  such  numbers ;  this  governor  was  accused 
of  having  kept  them  off,  but  if  he  did  it  with  the  view  of  re- 
calling the  colonists  to  agriculture,  they  can  complain  only  of 
the  means  he  took  to  attain  it.  The  fact  is,  that  when  these 
Spanish  interlopers  abandoned  Louisiana  the  colony  was 
loaded  with  all  the  useless  mouths  that  had  subsisted  by  the 
Spanish  trade.  Agriculture  having  been  neglected,  no  longer 
furnished  the  same  resources ;  the  city  had  been  peopled  at 
the  expense  of  the  country. 

Avarice,  which  always  finds  real  or  apparent  means  of  satis- 
fying itself,  invented  a  very  onerous  one  to  repair  the  evil 
caused  by  the  departure  of  the  Spaniards ;  this  was  to  increase 
the  royal  expenses,  and  wc  may  say  that  they  had  no  more 
moderate  limits  than  the  motives  to  which  they  owed  their  ex- 
istence and  tlieir  excess.  The  forts  which  the  French  king 
had  in  different  parts  of  the  colony  Averc  objects  of  office- 
seekers.*    These  men,  led  there  by  cijjidity,  carried  the  ex- 

and  he  had  to  sond  to  Vera  Cruz  for  ammunition  and  supplies.  The  fate  of  the 
colony  was  approacliinir.  The  Clioctaws  and  Alibamons  threatened  to  join 
the  English,  unless  they  received  supplies.  Things  continued  to  get  gradually 
worse,  when,  on  the  3d  of  November,  1762,  the  king  of  France  ceded  to  the 
king  of  Spain  this  splendid  province,  which  extended  from  the  Gulf  of  Mexico 
to  the  shores  of  the  Pacific.  On  the  29th  of  June,  1763,  D'Abadie  landed  at 
New-Orleans,  and  Kerlerec  soon  after  departed  for  France,  where  he  was  thrown 
nto  the  Bastilc  to  answer  charges  made  against  him.  Here  he  was  confined 
for  some  time,  and  after  his  release,  it  is  said,  he  died  of  grief — Gayarrc's 
Archives  of  France. — Martin. 

*  These  posts  were  Point  Coupee,  Natchitoches,  Natchez,  Arkansas,  Illinois, 
Mobile, Tombcckbe  and  Alibamons.  They  served  as  retreats  for  Indian  traders. 
Under  Kerlerec's  administration  the  commanders  of  these  exclusively  carried  on 
the  trade,  and  disposed  at  will  of  the  royal  stores  intended  as  presents  for  the 
Indians.  After  exhausting  these,  they  sold  goods  to  the  king  at  exorbitant 
prices,  and  frequently  the  very  articles  which  they  had  abstracted.  I  have  heard 
on  this  point  strange  items  of  expense,  the  most  entertaining  are  these,  viz  ; 
it  cost  the  king  of  France  ten  thousand  francs  to  clear  a  prairie  !  and  in  another 
post  twenty  thousand  francs  in  one  year  for  milk  for  the  hospital.  The  garrison 
of  the  post  must  have  been  suckled  all  that  year ! 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


137 


penses  to  vmhcard-of  sums,  for  they  depended  on  tlieir  will,  or 
rather  on  tlieir  caprice.  They  drew  bills  of  exchange,  which 
the  comptroller  (commissairc-ordonnateur)  of  New-Orleans  was 
obliged  to  accept  in  the  king's  name.  All  this  took  place 
during  the  last  war,  and  expenses  are  mentioned  wliich  are 
perfectly  incredible,  so  barefaced  and  ridiculous  are  they. 

The  great  quantity  of  paper  showed  the  necessity  of  d(>pre- 
ciating  its  value,  and  before  the  king  had  spoken,  connnercc 
had  taxed  it.  His  Christian  majesty  acted  much  more  favor- 
ably than  was  supposed ;  for  the  paper  was  reduced  only  half, 
while  on  'change  at  New-Orleans  they  lost  three-quarters.* 

It  is  easy  to  sec  how  such  shocks  injured  the  progress  of 
the  colony.  They  soon  combined  Avith  other  causes  to  pro- 
duce the  unhappy  state  into  which  that  province  fell,  at  the 
time  wdien  I  was  drawn  there  with  the  troops  sent  by  the 
English  government,  to  begin  establishments  on  the  ceded  ter- 
ritory. The  information  Avhich  I  acquired  enables  me  to  say 
positively,  that  the  two  main  causes  of  the  weakness  of  the 
colony  at  all  times  are,  first,  a  neglect  to  encourage  agriculture 
and  thereby  a  medium  of  exchange  ;  and  secondly,  the  mis- 
management in  the  expenses  incurred  in  the  king's  name.  All 
believe  that  Louisiana  would  have  been  able  to  sustain  Canada 
and  carry  French  conquest  into  the  very  heart  of  the  English 
possessions  in  North  America,  had  the  French  government 
thought  more  seriously  of  the  means  of  increasing  the  ])ower 
of  that  portion  of  the  new  world  ! — had  it  animated  the  dif- 
ferent branches  of  cultivation,  for  which  it  is  better  adapted 
than  any  other  part  of  Noith  America — had  posts  been  opened 


1: 


*  The  amount  of  paper  at  tliis  time  afloat  in  the  colony  was  about  seven  mil- 
lions of  livres,  wluch  was  seliin;,'  at  the  rate  of  about  five  livros  in  paper  for  one 
of  specie.  About  tliis  time,  too,  a  memorial  was  written  proposinir  to  restore 
confulencc  by  adopting  a  plan  for  the  withdrawing  of  all  paper  money  in  the 
colony. 


W  ? 


f  ! 


Sw;j**«l«k.:i  s*»w.,a»»*  jB;iK,s ,., 


188 


HISTORICAL  MEMOIRS  OF  L(ftjISIANA. 


111?  ^' 


for  commerce,  means  of  exchange  instead  of  means  of  cupidity 
and  revulsions  been  presented,  and  a  deaf  ear  been  turned  to 
those  who,  impelled  by  avarice,  proposed  at  times  to  shackle 
agriculture  under  the  false  pretext  of  encouraging  commerce. 

Such  is  the  idea  that  I  conceived  of  the  main  causes  of  the 
languishing  state  of  that  colony ;  and  we  shall  be  convinced  of 
their  accuracy,  when  in  the  second  part  we  see  Louisiana  re- 
covering her  strength  when  the  colonists  turned  their  attention 
to  agriculture. 

This  part  Avill  embrace  the  period  between  the  peace  and 
the  arrival  of  the  Spaniards ;  and  the  success  of  so  short  a 
period  will  tend  to  prove  what  I  have  advanced  in  the  first 
part,  "  that  the  neglect  of  agriculture  was  the  main  cause  of 
the  state  of  weakness  in  which  the  colony  was  in  1762."'" 


*  In  the  Archives  of  the  Escurial,  there  is  a  document  in  which  Spain  states 
her  impossibility  to  send  supplies  to  the  colonists,  but  recommends  it  as  the  in- 
terest of  France  and  Spain  to  retain  Louisiana.  As  early  as  17G2,  tiic  king  of 
France  wrote  to  Ki'riercc,  tliat,  by  tlic  preliminaries  of  peace,  he  had  ceded 
to  the  king  of  England  a  part  of  Louisiana,  and  had  also  resolved  upon  ceding 
the  other  part  to  his  cousin,  tlie  king  of  Spain. 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


139 


SECOND  PART. 


iFH.iT  LouisnyA  irjs  rnoM  the  peace  of  nc2  till  the  arrival 

OF  THE  SPANIARDS. 

TnE  Frenchman  loves  his  king  as  the  Englishman 
loves  his  country ;  this  love,  more  disinterested  in  the 
former,  is  as  worthy  of  high  praise.  These  two  diiferent 
springs  produce  in  each  nation  simihvr  acts  of  patriotism.  In 
the  last  war  we  saw  the  Canadian  recognize  welfare  and  hap- 
piness only  under  French  rule,  and  for  it  sacrifice  fortune, 
children,  life ;  and,  after  the  peace,  half  the  inhabitants  of  Cana- 
da abandon  their  lands,  and  run  the  risk  of  dying  from  want 
in  France  rather  than  enjoy  the  ease  which  their  possessions 
assured  them  under  a  free  and  peaceful  government. 

We  sec  this  same  patriotic  fire  extend  to  Louisiana  among 
all  the  colonists  who  were  on  the  part  ceded  to  tlie  English. 

We  shall,  in  the  third  part  of  this  work,  show  this  spark  the 
origin  of  a  great  conflagration  which  might  have  produced  the 
most  surprising  revolution ;  but  we  arc,  at  present,  to  consider 
what  transpired  between  the  peace  of  17G2  and  the  arrival  of 
Don  Antonio  do  Ulloa.  This  period  embraces,  if  we  may 
iise  the  expression,  the  manhood  of  the  colony — a  glorious 
•time,  indeed,  but  too  short. 

The  English,  as  I  have  already  said,  had  acquired  the  ces- 
sion of  Florida  and  all  Louisiana  east  of  the  Mississippi,  whose 
course  became  common  to  the  two  nations,  French  and  English. 
The  former,  however,  preserved  tlic  isle  of  New-Orleans,  formed 
by  Iberville  Eiver  and  the  lakes.  The  circumference  of  this 
island  is  about  150  leagues,  but  all  the  land  is  not  inhabitable ; 
in  fact,  only  the  banks  of  the  Mississippi  are.    The  city  lies  on 


t 


140 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


the  island  wliich  bears  its  name,  tliirty-two  leagues  from  the 
mouth  of  the  river,  and  one  league  from  a  narrow  channel 
running  to  Lake  Ponchartrain,  which  connects  with  the  gulf.  As 
the  entrance  to  this  lake  belonged  to  the  English,*  commerce 
with  the  French  was  secured  to  them  on  all  sides,  as  the  prin- 
cipal French  establishments  are  on  New-Orleans  island,  and 
communicate  with  the  city  by  the  river  and  lakes.  The  gulf- 
shore  at  Pcnsacola  and  Mobile  is  of  a  white  sand,  unfit  for  culti- 
vation, rendering  it  indispensable  to  communicate  and  trade 
with  the  French  colony  of  Louisiana.  The  English  govern- 
ment had  felt  it,  and  by  leaving  the  isle  of  New-Orleans  to  the 
French,  they  assured  themselves  a  trade  which  cannot  possibly 
be  prevented,  and  which  is,  moreover,  necessary  and  very  ad- 
vantageous to  the  inhabitants. 

At  the  moment  when  the  treaty  of  peace  was  published,  the 
French,  whose  possessions  lay  on  the  part  now  become  English 
territory,!  were  seen  abandoning  their  lands  and  proceeding 
with  their  negroes  and  stock  to  territory  which  they  believed, 
as  the  treaty  pretended  them,  to  be  still  French.  In  some 
places  they  had  only  to  cross  the  river.  They  showed  no 
regret  at  the  constant  sight  of  the  plantations  which  they  had 
abandoned. 

Who  can  refuse  a  tribute  to  such  sacrifices?  The  promises 
of  the  Englisli,  the  flxcilitics  which  they  afforded,  retained  only 
such  colonists  as  could  not  abandon  their  possessions  without 
exposing  themselves  to  starvation. 

*  See  the  correspondence  between  Gol.  Robertson  and  Gov.  d'Abadic,  in  1763, 
on  the  commerce  of  the  lakes. 

t  Prior  to  this  period  the  whole  territory  on  both  sides  of  the  Mississippi,  situ- 
ated between  the  northern  lakes  and  the  Gulf  of  Mexico,  and  between  the  Mexi- 
can and  Alli'<;hany  Mountains,  went  under  the  name  of  Louisiana.  That  part 
of  it  ceded  to  the  English  lost  the  name,  but  the  new  acquisition  of  Spain  re- 
tained it.  In  1762,  the  king  of  France  sent  instructions  to  M.  d'Abadic  respect- 
ing the  delivery  of  Louisiana  to  England  and  Spain. 


:d  only 
,'itliout 


ill  17G3, 


HISTORICAL  MEMOIRS  OP  LOUISLVNA. 


141 


Monsieur  cVAbadie  was  appointed  by  the  French  king 
governor  of  the  part  of  Louisiana  which  had  been  left  him  by 
the  treaty  of  peace.  The  city  had  the  rank  of  a  port  of 
entry,  and  M.  d'Abadie  had  the  direction  of  the  custom- 
house, thus  uniting  the  two  offices  of  intendant  and  governor 
of  that  wretched  colony ;  the  deplorable  state  in  which  he 
found  it,  left  him  no  hope  of  ever  seeing  it  attain  the  splendor 
to  which  he  saw  it  could  bo  raised.  Yet,  he  employed  wisel}' 
and  understandingly  the  best  means  to  attain  it.  He  felt  that 
a  spirit  of  tratle  ;uid  exchange  had  seduced  many  .  To  recall 
some  to  agriculture  and  inspire  a  taste  for  it,  and  destroy  all 
hopes  of  making  fortunes  otherwise,  he  diminished  the  exces- 
sive expenses  of  the  government,  giving  a  surer  and  more 
profitable  direction  to  agriculture ;  he  flattered  the  hopes  of 
the  colonist,  and  endeavored  to  open  markets  for  articles  that 
could  employ  the  greatest  number  of  inhabitants,  such  as 
tobacco  and  rice.  Lastly,  he  permitted  the  English  to  trade 
with  the  colonists,  and   even   encouraged   them   to  supjjly 


negroes. 


TS'o  governor  had  till  then  perceived,  as  M.  d'Abr/lic  did, 
the  real  means  of  prosperity  for  Louisiana;  but  the  colony  was 
three  or  four  years  in  arrcar,  and  this  debt  was  first  to  be  liqui- 
dated. The  Louisiana  merchants  owed  a  great  part  of  the 
invoices  shipped  by  houses  in  France,  and  ^r,  d'Abadie  liad 
to  seek  means  to  send  back  all  these  sums  in  order  to  restore 
the  colony's  credit,  entirely  lost  since  the  war.  This  he 
could  not  elTect  without  incurring  the  hostility  of  the  mer- 
chants, who  looked  with  a  jealous  C3'e  on  the  English  stores 
at  New-Orleans.  But  the  welfiire  of  the  colonial  cultivator 
called  for  his  first   attention.     Commerce   he  could   always 

*  English  merchants  for  a  nuuibor  of  years  supplird  Louisiana  and  the  Ameri- 
can colonies  with  negroes  from  Africa. 


l! 

'  I  ■ 

1 

i 

'■.''■■■  \    -it 


t-:-   l-:ii 


142 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


if 


restore,  and  with  applause,  when  the  colonial  produce,  aug« 
mcntoJ  by  the  facilities  ofFercd  the  cultivator,  had  furnished 
the  merchants  sure  means  of  exchange  and  speculation.* 

A  premature  death  unfortunately  carried  oif  this  worthy 
man,  at  the  very  moment  when  he  was  most  occupied  Avith 
means  of  elevating  the  colony  ;  which  had  as  yet  but  slightly 
experienced  the  efficacy  and  certainty  of  those  means,  llis 
death  was  not  accordingly  as  much  regretted  as  it  should  have 
been.f 

lie  was,  moi'covcr,  replaced  by  M.  Aubry  a  man  whose 
valor  had  won  the  highest  praise  in  the  last  war,  and  whose 

♦The  merchants  addressed  a  ninnorial  to  M.  d'Abadic  on  the  7th  of  June, 
1704,  depiclinff  the  wretched  condition  of  the  colony  produced  by  tiie  depreciation 
of  pajior  money.  Tiiis  document  contains  a  practical  refutation  of  the  paper 
system,  .tikI  shows  its  demoralizing  ellects. — A  rehires  of  France. 

tM.  d'Abadic  was  appointed  l)y  the  kini,',  director-general  in  1774,  in  which 
year  he  arrived  in  Louisiana.  This  magistrate  was  profoundly  distressed  with 
the  duty  he  was  instructed  to  perform,  and  the  grief  which  it  occasioned 
caused  his  death  on  the  4th  of  February,  1765.  It  is  staled  by  a  writer  of  this 
period,  that  he  died  universally  regretted.  "  A  disinterested  ruler,  just  towards 
all,  and  inflexibly  (irm  in  causing  the  laws  to  be  respected,  he  severely  repress- 
ed the  excesses  of  nuisers  towards  ihcir  slaves,  and  j)rotccted  the  Indians  from 
every  kind  of  oppression.  By  his  exanijile,  he  caused  religion  and  morality  to 
be  honored  ;  and  left  a  memory  dear  to  all  Louisianians." 

In  October,  1764,  M.  d'Abadic  announced  the  cession  to  tlie  colonists.  This 
intelligence  plunged  the  inhabitants  into  the  deepest  consternation.  They  in- 
dulged however  the  fond  hope  that  their  united  exertions  might  aveit  the  im- 
pending calamity.  Every  parish  was  accordingly  invited  to  send  its  most  notable 
planters  to  a  general  meeting  in  New-Orleans  in  the  beginning  of  the  following 
year.  It  was  attended  by  almost  every  respectable  planter  from  the  province, 
and  by  almost  every  person  of  note  in  New  Orleans  Lafreniere,  the  attorney- 
general,  addressed  tlieinectiiig  in  a  patriotic  speech,  wliich  he  concluded  with  a 
proposition,  "that  the  sovereign  should  be  entreated  to  retrace  his  steps,  and 
that  an  agent  should  be  sent  to  France  to  su))plicate  liis  majesty."  The  propo- 
sition was  as.sented  to  without  a  dissenting  voice,  and  Jean  Milliet  was  selected 
for  the  important  mission.  He  went  to  France,  and  at  Paris  he  was  assisted  by 
Bienville,  the  former  governor  of  I.ouisiana,  who  bewailed  the  dismemberment 
of  Louisiana.  He  called  with  Milhet  on  the  Due  do  Choiseul,  but  as  he  was 
the  prime  mover  of  the  measure,  they  were  denied  access  to  the  king,  and  the 
mission  failed.  Milhet  returned  to  New-Orleans  ;  reported  the  ill  success  of  his 
mission,  and  ended  his  days  as  a  state  prisoner  in  the  Moro  Castle,  Havana. 


:'«i! ' 


5i;'''  i 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


143 


social  virtues  made  biiu  generally  respected.  It  was  not 
remarked  that  the  qualities  of  a  good  soldier  and  a  good  citi- 
zen do  not  necessarily  suppose  those  necessary  for  government, 
the  administration  and  finances.  M,  Aubry,  an  excellent 
grenadier,  had  no  quality  to  fit  him  for  governing  projierly  u 
colony  situated  as  Louisiana  was  then.  A  talent  fur  superior 
to  this  governor's  was  needed  to  carry  out  the  important  work 
begun  by  M.  d'Abadie,  and  to  fulfd  worthily  the  diflieult 
commission  imposed  upon  him. 

The  planter  who,  under  M.  d'Abadie,  had  felt  the  nccey-sity 
of  devoting  his  time  to  cultivation,  and  whose  essays  had 
proved  how  advantageous  it  Avould  be,  did  not  relax  under 
M.  Aubry,  from  whom  he  expected  as  much  protection  and 
encouragement  as  he  had  received  from  liis  predecessor. 

But  sometime  before  his  death,  in  17G3..  M.  d'Abadie  had 
received  from  the  French  court  notice  of  the  cession  of  Louisi- 
ana to  Spain,  by  an  act  passed  at  Madrid  and  Versailles  at  the 
time  of  the  peace  of  1764.  No  one  knew  why  this  cession 
had  been  so  long  kept  secret,  or  why  France  had  after  that 
sent  a  governor  and  troops  in  her  pay.  The  French  king,  an- 
nouncing the  cession,  ordered  M.  d'Abadie  to  enter  the  letter* 


'••'^ 


with  a 
'ps,  and 
c  propo- 
KcU'cted 

stcd  by 
herment 

he  was 
and  the 
is  of  his 
na, 


*  Louis  the  Fifteenth  to  M.  d'Abadie. 

"  Monsieur  d'Abadie  : — Havinir,  Ity  a  special  act,  passed  at  Fontainebleau, 
November  3d,  1762,  ceded,  vohintarily,  to  my  dear  and  well-bclovod  cousin,  the 
king  of  Spain,  his  iicirs  and  successors  in  full  right,  purely  and  simply  without 
exception,  the  whole  country  known  under  the  name  of  Louisiana,  as  well  as 
New-Orleans  and  the  island  on  which  that  city  is  situated  ;  and  the  king  of  Spain 
having,  by  another  act,  passed  at  the  Eseurial,  on  the  lUih  of  Xovrmlier,  in  the 
same  year,  accepted  the  cession  of  the  said  country  of  ],ouisiana,  city  and  island 
of  New-Orleans,  according  to  the  annexed  copies  of  these  acts  ;  I  address  this 
letter  to  inform  you  that  my  intention  is,  that  on  the  receijit  of  this  letter  and  the 
copies  annexed,  whether  it  reaches  you  through  the  oflkcrs  of  his  Spanish 
majesty,  or  directly  by  the  Trench  vessels  charged  with  its  delivery,  you  will 
resign  into  the  hands  of  the  governor  therefor  appointed  by  the  king  of  Spain, 


•  ti 


^. 


*A!,i'JS«wwi:ii,t»A. . 


144 


HISTORICAL  MEMOIRS  Or  LOUISIANA. 


'        '! 


in  tliG  council  minutes,  that  the  different  departments  in  the 
province  miglit  refer  to  it  when  necessary. 

I  was  an  eye-witness  of  the  consternation  which  this  over- 
whelming news  produced  at  New-Orleans.  A  general  despair 
would  have  followed,  had  they  not  fondly  hoped  that  the  ces- 
sion would  never  actually  take  j^lacc.    They  could  not  conceive 

the  said  country  and  colony  of  Louisiana  and  its  drpondcncics,  with  the  city  and 
island  of  Ncw-Orlcan?,  in  sudi  state  as  thi-ymay  bo  at  the  date  of  such  cession, 
wisliing  that  in  future  they  bolong  to  his  CathoUc  majesty,  to  bo  governed  and 
adniinistorcd  by  his  governors  and  ofiicers  as  belong  to  hiui,  in  full  right  and 
without  cxco[>tion.  I  accordingly  order,  that  as  soon  as  the  governor  and  troops 
of  his  Catholic  majesty  arrive  in  the  said  country  and  colony,  you  put  them  in 
possession,  and  withdraw  all  the  ofiicers,  soldiers,  and  employes  in  my  service 
in  garrison  there,  to  scud  them  to  France  or  my  other  American  colonies,  or  such 
of  them  as  arc  not  disposed  to  remain  under  the  Spanish  authorities.  I  moreover 
desire,  that  after  the  entire  evacuation  of  the  said  port  and  city  of  New-Orleans, 
you  collect  all  papers  relative  to  the  flnances  and  administration  of  the  colony  of 
Louisiana,  and  come  to  France  and  account  for  them.  It  is,  nevertheless,  my 
intention  that  you  hand  over  to  the  governor  or  officer  thereto  appointed  all  the 
papers  and  documents  which  especially  concern  the  government  of  the  colony, 
either  relative  to  the  colony  and  its  limits,  or  relative  to  the  Indians  and  the 
various  posts,  after  having  drawn  proper  receipts  for  your  discharge,  and  given 
said  governor  all  the  information  in  your  power  to  enable  him  to  govern  said 
colony  to  the  reciproeal  satisfaction  of  both  nations.  It  is  my  will  that  there  be 
made  an  inventory,  signed  in  duplicate  by  you  and  his  Catholic  ^majesty's  com- 
mis.sary,  of  all  artillery,  effects,  magazines,  hospitals,  ships,  &c.,  belonging  to 
me  in  said  colony,  in  order,  that  after  putting  said  conuiiissary  in  possession  of 
the  civil  edifices  and  buildings,  an  e.stiniate  be  made  up  of  the  value  of  all  the  said 
efl'ects  remaining  on  the  spot,  the  price  whereof  shall  be  paid  by  his  Catholic 
majesty  according  to  such  estimate.  I  hope,  at  the  same  time,  for  the  advantage 
and  trancpiillity  of  the  inhabitants  of  the  colony  of  Louisiana  ;  and  in  consequence 
of  the  friendship  and  aflection  of  his  Catholic  majesty,  1  trust  that  he  will  give 
orders  to  his  governor  or  other  officer  employed  in  his  service,  in  said  colony  and 
city  of  \evv-Orleans,  to  continue  in  their  functions  the  ecclesiastical  and  reli- 
gious liouses  in  charge  of  the  parishes  and  missions,  as  well  as  in  the  enjoyment 
of  the  rights,  privileges  and  exemptions  granted  to  them  by  their  original  titles  ; 
to  continue  the  ordinary  judges,  as  well  as  the  superior  council ;  to  render  justice 
according  to  the  laws,  forms  and  usages  of  the  colony  ;  to  guard  and  maintain 
the  inhabitants  in  their  possessions ;  to  confirm  them  in  possession  of  their 
estates  according  to  the  grants  made  by  the  governors  and  intendants  (ordonna- 
tcurs)  of  said  colony,  and  that  such  grants  be  deemed  and  reputed  confirmed  by 
his  Catholic  majesty,  even  though  not  yet  confirmed  by  me.  Hoping,  moreover, 
that  his  Catliolic  majesty  will  be  pleased  to  give  his  subjects  in  Louisiana  the 


M 


mSTORICAIi  MEMOIRS  OF  LOUISIANA. 


145 


will  give 


how  France  could  abandon  a  colony  so  convenient  for  her 
European  and  West  Indian  trade.  They  saw  how  little  benefit 
it  could  bo  to  Spain.  They  still  imagined,  so  much  did  they 
fear  a  change  of  government,  that  the  cession  of  Louisiana 
was  only  a  temporary  political  arrangement,  and  such  as  could 
conceive  it  to  be  real,  redoubled  their  ardor  to  increase  the 
revenue  in  the  liope  and  desire  of  laying  up  a  competence  in 
Europe.  Nobody  accordingly  thought  of  becoming  a  Span- 
iard, so  dear  is  country  to  every  virtuous  heart. 

Tlien  was  felt  what  encouragement  and  emulation  the  several 
objects  of  produce  v.ould  have  done.  The  various  motives 
which  animated  the  colonists  all  concurred  to  the  same  end  ; 
industry  was  carried  to  its  highest  point;  machines  were 
everywhere  raised  to  multiply  force  and  facilitate  works. 

Eevenues  everywhere  doubled,  nay  tripled  in  some  places. 
Louisiana  indigo,  till  then  depressed,  equaled  that  of  St. 
Domingo  in  quality  and  value,  such  was  the  care  devoted 
to  its  manufacture.  More  expeditious  and  convenient  saw- 
mills considerably  increased  the  lumber  trade ;  cotton  was 
planted,  and  its  quality  tested  by  manufacture.*  All  took 
life,  and  the  colony  of  Louisiana  would  have  become  the 
richest,  most  populous  and  powerful  establishments  in  the 
New  World. 

same  marks  of  airectlon  and  good-will  which  they  experienced  under  my  govcrn- 
nu-nt.  the  greater  etTccts  of  which  the  evils  of  war  alone  prevented  their  feeling. 
I  order  you  to  register  this,  my  present  letter,  in  the  superior  journal  at  New- 
Orliaiis.  ill  order  that  the  dilTi-rent  states  of  the  colony  may  he  informed  of  its 
contents,  that  they  may  have  recourse  to  it  in  time  of  need.  The  present  letter 
having  no  other  ohject,  I  pray  Ciod,  M.  d"  Abadie,  to  preserve  you  in  his  holy  keep- 
ing.— Given  at  Versailles,  April  21,  1764. 

(Signed)     "  Louis. 
(Countersigned)     "  Tiik  Duke  de  Choiskol." 
*  Indigo  and  cotton  appear  to  have  been  the  only  staple  productions  of  Louisi- 
ana at  this  timi ,  although  sugar-cane  had  been  cultivated  by  the  Jesuits  as  early 
as  1751. 

10 


I 

hi 

I  I; 


in  I 


i : 


il 


14G 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


:^(''8 


We  read  in  the  memoirs  published  about  tins  colony,  that  a 
great  number  of  Acadians  prepared  to  leave  New-England  to 
come  and  join  their  countrymen  on  the  banks  of  the  Missis- 
sippi, but  the  news  of  the  cession  of  Louisiana  to  Spain,  in- 
duced some  to  remain  where  they  were,  others  to  go  to  St. 
Domingo  or  Cayenne.  Many  took  refuge  in  France,  a!id  were 
sent  to  Corsica ;  Canadian  families  Avcre  on  their  way  to  settle 
in  Louisiana,  believing  it  still  French,  but  learning  the  change 
of  government  in  time,  settled  at  Detroit.  Yet,  who  would 
have  been  hajipier  than  the  Acadians,  had  they  chosen  to  avail 
themselves  of  the  offers  of  the  English  government?*  But 
their  love  of  country  rose  above  every  other  consideration ;  they 
aspired  only  to  live  under  a  French  rule,  and  to  enjoy  it  faced 
the  greatest  dangers.  They  would  in  preference  have  gone  to 
Louisiana,  the  climate  of  which  was  more  like  that  of  Acadia. 
What  an  advantage  for  France !  what  a  population  for  Louisi- 
ana, if  it  had  not  changed  rulers !  "  Uappy,"  says  the  author 
of  one  of  these  memoirs,  "  Happy,  if  France  had  only  to  regi'Ct 
these  generous  citizens !"  But  the  total  loss  of  the  colony  of 
Louisiana  will  necessarily  follow  its  cession  to  a  power  so  littlo 
fitted  to  turn  it  to  advantage. 

In  fact,  if  wo  examine  the  Spanish  colonies,  what  do  we 
sec  ?  Misery  and  o2:)pression  spread  over  a  few  wretched  set- 
tlers scattered  over  vast  territories,  rendered  deserts  by  the 
cruelties  of  that  nation ;  thousands  of  slaves  a  thousand  times 


*  This  is  mere  flattery  of  England.  There  is  scarcely  an  act  of  her  govern- 
ment more  disgraceful  to  common  sense  and  common  humanity  than  her  treat- 
ment of  the  Acadians.  Williamson,  in  his  History  of  the  State  of  Maine,  has 
given  a  thrilling  account  of  their  cruel  treatment  and  expulsion  hy  the  English 
from  Acadia.  From  the  1st  of  January  to  the  15th  of  May  about  six  hundred 
and  fifty  arrived  at  New-Orleans.  Part  of  this  number  were  sent  to  form  settle- 
ments in  Attakapas  and  Opelousas,  and  the  remainder  settled  on  the  banks  of  the 
Mississippi,  which  is  to  this  day  called  the  Acadian  Coast. 


,-li 


m 


UISTOUICAL  MEMOIRS  OF  LOUISIANA. 


U7 


more  unhappy  than  the  most  abused  beasts,  for  they  arc  better 
able  to  know  the  extent  of  their  misery,  and  all  employed  in 
wringing  from  the  bowels  of  the  earth  the  contemptible  metals 
which  drew  that  nation  to  the  new  world.  The  men  whom 
they  pretend  to  call  free  in  Spanish  colonies  arc  born  serfs  to 
every  man  sent  to  command  in  the  name  of  His  Catholic 
^[aje.sty,  and  who  all  successively  become  gorged  with  tho 
blood  of  those  whom  they  harass  and  oppress.  By  abusing 
tho  power  confided  to  them,  these  tyrants  become  arbitrary, 
and  the  wretch  who  dares  complain  or  mourn  soon  falls  a 
victim  for  his  natural  feelings. 

Is  it  possible,  that  under  a  just  king,  engaged  in  Europe  in 
elevating  the  well-being  of  his  states  and  extending  abundance 
and  fertility,  not  one  generous  soul  can  be  found  to  carry  to 
the  foot  of  his  august  throne  the  erics  of  the  wretched  inhabi- 
tants of  his  colonics  ?  The  picture  that  could  be  drawn  of  tho 
horrible  vexations  to  which  they  arc  subjected,  would  touch 
his  great  and  magnanimous  soul,  but  cupidity  carefully  keeps 
aloof  the  man  bold  enough  to  address  the  monarch  in  accents 
of  truth.  For  soon  would  follow  the  destruction  of  the  means 
which  the  rapacity  of  his  ofBcers  finds  of  sating  itself  in  the 
blood  of  the  wretches  whom  it  overwhelms  with  misery.  There 
arc  too  many  interested  in  maintaining  them. 

This  picture,  which  the  sight  of  the  Spanish  colonics  daily 
presents  to  the  people  of  Louisiana  in  still  more  odious  colors, 
was  brought  to  New-Orleans  with  the  announcement  of  the 
speedy  arrival  of  the  Spaniards.  The  general  terror  would 
necessarily  call  up  tho  patriotic  feelings  which  attach  French- 
men to  their  king,  and  in  general  every  man  sensible  to  a 
government  which  watches  over  its  happiness  and  well-being. 
We  shall  see  the  effects  in  the  third  part  of  this  work,  which 


■ 


i 


f1; 

IN 


m 


ji'^ 


m 


148 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


will  comprise  tho  interval  Letween  the  arrival  of  De  Ulloa 
and  that  of  O'Reilly.  It  is  unhappily  the  period  of  the  deca- 
denoo  of  Louisiana.  It  had  since  tho  peace  enjoyed  somo 
splendor  only  to  prove  itself  susceptible  of  it.  We  shall  see 
its  flattering  hopes  vanish,  like  the  ^ash  of  lightning  fullowed 
by  the  storm. 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


149 


THIRD  PART. 


WHAT   LOUISIANA  WAS   TKOM    THE   ARRIVAI.   OF   THE    SPANIARDS   TO   TIIK 

TEAR  1771. 


i<r 


SECTION  I. 

FROM  THE  ARRIVAL  OF  ULLOA  TO  HIS  DEPARTURE. 

WHEN  posterity  shall  cast  a  serious  glance  on  preceding 
ages,  and  a  natural  feeling  of  justice  and  humanity  shall 
fix  their  attention  on  the  events  which  I  have  now  to  relate, 
they  will  scarcely  believe  that  an  age  as  polished  as  ours  could 
have  produced  acts  of  such  cruel  severity;  they  will  confront 
epochs,  and  be  tempted  to  ascribe  facts  so  incredible  to  those 
barbarous  times  when  the  human  heart,  abandoned  to  itself, 
was  capable  of  the  most  sanguinary  acts. 

When  posterity  shall  read  that  a  judgment  so  iniquitous  and 
so  full  of  inhumanity  as  that  pronounced  against  some  inhabit- 
ants of  Louisiana,  issued  from  a  court  where  some  enlighten- 
ment and  philosophy  too  arc  reigning,  they  will  doubt  the 
auth'enticity  of  the  facts,  or  at  least  will  draw  the  reflection  of 
the  wise  man  on  the  misery  inseparable  from  the  throne. 

"  Truth  never  approaches  it;  daily  deceived  by  those  around 
him,  the  best  king  commits  the  evil  he  abhors,  and  lets  the 
guilty  go  unpunished,  innocent  in  his  belief,  while  desolated 
families  mourn  the  death  of  the  just  man." 

With  the  torch  of  truth  in  my  hand,  I  am  about  to  mark 
with  care  the  steps  of  those  noble-hearted  men  whose  patriot- 
ism I  can  never  sufficiently  praise ;  of  those  men,  whose 


« 


*>tdiAiSi'^Mi^:jauZiii!u 


150 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


,3 
I'll 


virtues,  firmness  and  magnanimity  will  ever  bo  an  honor 
to  our  race — of  those  men  whom  a  barbarous  animosity  seems 
to  have  chosen,  that  the  splendor  of  their  merit  might  make 
it  more  remarkable.  So,  in  a  numerous  herd,  the  fattest 
and  best-looking  are  selected  for  sacrifice.  So,  in  his  garden, 
the  cruel  Roman  struck  down  the  poppy -heads  that  nature 
had  raised  above  the  others.  Sad  emblem  of  that  reflective 
cruelty  which  the  world  calls  prudence  and  i:)olicy,  but  which 
the  wise  man  more  justly  deems  barbarity. 

Ilowever,  let  us  first  relate  the  facts  which  usher  in  that 
cruel  event. 

A  year  had  elapsed  since  the  receipt  of  the  king's  letter  an- 
nouncing the  cession  of  Louisiana,  when  Don  Antonio  de  Ulloa 
wrote  from  Havana  to  the  superior  council  at  New-Orleans  a 
letter,  in  which  he  assumed  the  title  of  Governor  of  Louisiana, 
— announcing  the  protection  of  a  beneficent  king  was  prepar- 
ing all  hearts  to  gratitude,  and  such  was  the  feeling  which  pre- 
pared the  brilliant  reception  given  to  Ulloa. 

A  man  threatened  with  a  great  danger  believes  that  he  has 
escaped  as  soon  as  he  sees  the  least  help,  no  matter  how  bar- 
barous the  hand  that  proffers  it.  Such  was  the  position  of  the 
inhabitants]of  Louisiana.*  They  justly  shuddered  at  the  cruel- 
tics  and  vexations  with  which  the  Spanish  colonies  were  op- 

* 

*  Ulloa  to  the  Superior  Council, 
"  Gentlemen, — Having  lately  received  orders  from  his  Catholic  majesty  to 
repair  to  your  city  and  take  possession  of  it  in  his  name,  and  in  conformity  therc- 
witli,  I  avail  myself  of  this  occasion  to  acquaint  you  with  my  mission,  and  to 
give  you  notice  that  I  shall  soon  have  the  honor  of  coming  among  you  to  fulfill 
this  commission.  I  flatter  myself  in  anticipation,  that  it  will  aflbrd  me  a  favor- 
able occasion  to  render  all  the  service  that  you  or  the  colonists  can  desire,  of 
which  I  beg  you  to  assure  them  that  in  th's  I  will  but  discharge  my  duty  and 
gratify  my  inclinations. 

"  I  have  the  honor  to  be,  &c., 

"  Antonio  de  Ulloa." 
"  Havana,  July  10,  17C5." 


mSTORIOAL  MEMOIRS  OF  LOUISIANA. 


151 


pressed;  but  an  animal  to  be  broken  to  the  yoke  must  be 
petted  for  a  time.  No  one  expected  that  the  first  years  of  this 
domination  would  not  be  stamped  with  beneficence  and  equity. 
Hope,  the  faithful  companion  of  desire,  showed  a  retreat  to 
Europe  as  an  easy  thing  at  the  end  of  a  few  years,  and  it  was 
supjjosed  that,  at  the  moment  of  taking  possession,  a  term 
would  be  fixed  for  those  who  should  decide  to  leave  the 
country. 

The  entry  of  the  Spanish  governor  was  too  flattering  not  to 
seduce  three-fourths  of  the  colonists,  but  sensible  men  easily 
discovered  the  poison  under  the  honey.  Some  superstitious 
minds  viewed  as  an  ill  omen  the  thunder  and  lightning  which 
accompanied  the  Spaniards  from  their  entrance  into  the 
river  till  their  arrival  at  New-Orleans.  "We  leave  to  ages 
of  ignorance  these  auguries  and  omens ;  our  business  is  with 
facts. 

They  sufficed  to  strike  terror  into  the  UrmcBL  niiuds.  Polite- 
ness, courtesy,  civility,  nothing  v/as  spared  to  prove  to  Ulloa 
the  desire  of  corresponding  to  the  happy  intentions  which  he 
manifested.  The  Creole,  naturally  good,  credulous,  generous 
and  sensible,  carried  his  attentions  even  to  meanness.  Per- 
haps this  conduct  excit 'd  the  interior  contempt  of  a  man  who 
had  imbibed  all  the  Spaniard's  hatred  for  other  nations,  and 
especially  the  French.  It  and  his  character  soon  appeared  in 
their  true  colors  in  this  way. 

Don  Antonio  de  Ulloa,*  a  man  to  whom  knowledge  and 


n 


;    i  'if-: 


••I 


m-    • 


'•I 


*  Don  Antonio  de  Ulloa  was  descended  from  a  family  distinguished  in  the 
maritime  annals  of  his  country.  He  was  born  in  Seville,  on  the  l"th  of  January, 
1716,  and  entered  the  navy  at  a  very  early  ago.  The  first  scientific  expedi- 
tion in  which  he  served  was  that  which  was  sent  out  by  France  and  Spain  to 
measure  an  arc  of  the  meridian  at  the  equator,  to  determine  the  configuration  of 
the  earth. 

He  returned  to  Spain  in  1746,  and  in  two  years  afterwards  published  his 


ill 


152 


HISTORICAL  MEMOIliS  OF  LOUISIANA. 


erudition  were  ascribed,  had  not  the  proper  talents  for  manag- 
ing men.  He  had  not  penetration  enough  to  know  them,  nor 
impartiaUty  enough  to  avoid  injustice  or  correct  a  false  judg- 
ment, lie  had  not  that  amenity,  that  mildness,  that  engaging 
way  which  gains  all  hearts,  and  above  all  a  Frenchman's.  He 
had  not  that  happy  combination  of  severity  and  clemency 
which  can  punish  or  pardon  in  reason.  Obstinate,  nothing 
was  better  than  his  own  plans ;  violent,  he  confounded  in  his 
rage  all  those  he  dealt  with  ;  imperious,  his  will  was  law  ; 
minute  in  his  projects,  vexatious  in  their  execution,  arrogant 
when  yielded  to,  timid  and  supple  when  resisted,  inconsiderate 
in  his  plans,  destitute  of  dignity,  of  generosity,  shut  up  in  his 
cabinet,  appearing  only  to  disoblige.  Such  was  the  man  in 
soul.  In  body  it  would  be  hard  to  be  thinner  or  smaller  than 
Ulloa;  a  sharp,  weak  voice  announced  his  disposition.     Ilis 

"  Historical  Relation  of  a  Voyage  to  South  Aniprirn."  .Sliortly  aftnr,  he  was  pro- 
moted to  a  captaincy  in  the  navy,  and  set  out  on  a  tour  through  Europe  by  order 
of  the  king.  On  Charles  III.  ascending  the  throne,  he  was  promoted  to  the  com- 
mand of  a  fleet  to  the  East  Indies.  He  returned  to  Spain,  and  was  appointed 
to  the  government  of  Louisiana.  On  the  5th  of  March,  1766,  he  arrived  at  New- 
Orleans.  Acting  with  his  usual  benevolence,  the  king  instructed  Ulloa  not  to 
miike  any  changes  in  the  laws  and  usages  of  the  province,  and  so  desirous  was 
Ulloa  to  conciliate  those  over  whose  destinies  he  had  come  to  preside,  that  on 
his  arrival  he  promised  to  keep  at  a  fixed  rate  the  depreciated  paper  of  the  coun- 
try, which  now  amounted  to  about  seven  millions  of  livrcs.  Ho  likewise  ascer- 
tained the  wants  and  resources  of  the  country,  and  agreed  to  discharge  the  most 
pressing  demands  against  it. 

On  the  Gth  of  May,  Spain  issued  a  decree,  permitting  a  direct  commerce  be- 
tween Louisiana  and  the  French  islands.  The  colonists,  however,  became  dis- 
satisfied with  subsequent  commercial  restrictions,  which  produced  a  great  ex- 
citement in  the  colony,  and  Ulloa  had  to  flee  for  safety  to  the  Balizc.  Here  ho 
cflTected  an  arrangement  with  Aubry,  the  nominal  French  governor,  to  deliver 
the  province  up  to  liim,  which  was  accordingly  done.  A  greater  part  of  the  year 
passed  away  in  comparative  quiet,  but  a  secret  conspiracy  had  been  set  on  foot 
to  drive  liiih  from  the  province  ;  among  whom,  were  Lafreniere,  Foucault,  Mar- 
quis, Noyan,  Villerc,  Milhct,  Petit,  Caressc,  Poupct  and  Boisblanc. 

On  the  28th  of  October,  a  petition  was  signed  by  about  six  hundred  persons, 

demanding  restoration  of  some  ancient  rights  and  liberties,  and  the  exi)ulsion  of 

he  Spaniards  from  the  country.     This  was  presented  to  the  superior  council, 


New- 
iiot  to 
s  was 
that  on 
coun- 
ascer- 
niost 

rce  be- 
ne dis- 
it  ex- 
10  ho 
diver 
le  year 
n  foot 
Mar- 

rsons, 
ion  of 
uncil, 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


153 


features,  though  regular,  had  something  false  withal ;  large  eyes, 
always  bent  on  the  ground,  darted  only  stealthy  glanecs,  seek- 
ing to  see  and  be  unseen.  A  mouth,  whose  forced  laugh  an- 
nounced knavery,  duplicity  and  hypocrisy,  completes  the  por- 
trait of  Don  Antonio  de  Ulloa. 

Let  us  have  the  French  governor's  to  act  as  companion- 
piece.  A  knowledge  of  a  man's  natural  disposition  often 
enables  us  to  judge  a  man's  actions  more  certainly  than  we  can 
judge  charo.cter  by  actions  often  misrepresented.  M.  Aubry 
was  a  little,  dry,  lean,  ugly  man,  without  nobility,  dignity  or  car- 
riage. His  face  would  seem  to  announce  a  hynocrite,  but  in 
him  this  vice  sprang  from  excessive  goodness,  -  hich  granted 
all,  rather  than  displease ;  always  trembling  for  the  conse- 
quences of  the  most  indifferent  actions,  a  natural  effect  of  a  mind 
without  resource  or  light ;  always  allowing  itself  to  be  guided, 

who  issued  a  decree  that  Ulloa  and  the  Spanish  troops  should  leave  the  colony 
in  three  days.  On  the  evening  of  tlie  Slst  of  Octol)cr,  Ulloa  eniliarkrd  with  all 
his  troops  and  sailed  for  Cadiz,  where  he  arrived  on  the  4th  of  Decenilicr,  17G8. 
Here  he  wrote  an  account  of  all  that  had  transpired  to  the  Marquis  of  Grinialdi. 
Aubry,  the  French  governor,  also  wrote  a  dispatch  to  the  same  minister, 
stating,  that  "  notwithstanding  his  great  learning,  Ulloa  was  not  the  proper  per- 
son to  govern  Louisiana — for,  instead  of  endeavoring  to  gain  the  hearts  of  the 
colonists,  he  did  every  thing  to  alienate  them  ;  while  Foucault  wrote  that  Ulloa 
committed  every  day  some  act  of  inhumanity  or  despotism.  The  superior  coun- 
cil represented  to  the  Duke  dc  Praslin  that  through  the  misdeeds  of  Ulloa  the 
colony  had  been  thrown  into  a  state  of  beggary  and  starvation,  and  by  malicious 
and  restrictive  legislation  they  were  prevented  from  acquiring  the  means  to  pay 
their  debts.  They  concluded,  by  supplicating  the  king  to  retake  possession  of 
the  colony  and  annul  the  treaty  of  cession.  After  Ulloa  returne<l  to  Spain  ho 
was  promoted  to  the  grade  of  lieutenant-general  of  the  royal  navies  of  Spain. 
He  died  in  the  island  of  Leon,  on  the  3d  of  .July,  179'),  at  the  advanced  age  of 
eighty.  He  published,  in  1772,  a  work  entitled  "  Xoticias  Americanas  ;"'  and 
in  1773,  a  valuable  work  on  the  Naval  Forces  of  Europe  and  Africa.  Townsend, 
who  visited  him  a  short  time  before  his  death  in  Cadiz,  represented  liim  as  a 
true  philosopher,  full  of  wit  and  learning,  sprightly  in  conversation,  and  of  elegant 
manners.  The  dillerent  points  of  his  character  have  been  discussed  by  fJayarre 
in  his  admirably  \yritten  History  of  Louisi"ia,  from  which  this  sketch  lias  been 
in  part  drawn  up. 


'li 


'-   ni 


154 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


and  thus  often  swerving  from  rectitude  in  conduct ;  religious 
tbrough  weakness  rather  than  from  principle ;  incapable  of 
wisliing  evil,  but  doing  it  through  a  charitable,  human  weak- 
ness; destitute  of  magnanimity  or  reflection;  a  good  soldier, 
but  a  bad  leader;  ambitious  of  honors  and  dignity,  but  possess- 
ing neither  firmness  nor  capacity  to  bear  the  weight. 

Such  is  the  portrait  of  the  two  men  who  ruined  Louisiana, 
the  one  through  malice,  the  other  by  weakness ;  the  Spaniard 
from  hatred  and  animosity,  the  Frenchman  by  ignorance  of  his 
powers  and  what  he  owed  to  the  position  he  filled. 

Let  us  see  them  in  action. 

The  first  act  which  should  have  followed  Ulloa's  arrival  in 
New-Orleans  was  the  taking  possession  of  Louisiana  in  the 
name  of  the  Spanish  king ;  but  eighty  wretched  soldiers  whom 
he  had  brought  with  him  were  not  in  his  eyes  a  sufiiciently  re- 
spectable force  to  control  a  colony  of  which  he  had  already  con- 
ceived a  most  unfavorable  idea,  and  this  was  the  pretext  which 
he  gave  when  called  upon  to  take  possession.  An  offer  was 
made  to  let  the  French  troo]3S  remain  in  Spanish  pay,  but  the 
soldiers  demanded  their  discharge.  The  term  of  their  engage- 
ment was  already  tripled,  and  they  could  not  without  injustice 
be  made  to  serve  another  prince ;  they  were  accordingly  left  in 
the  French  pay,  because  Ulloa  threatened,  in  case  they  persisted 
in  pressing  him  to  take  possession,  to  leave  and  report  to  the 
king,  his  master,  the  reasons  of  his  retirement. 

Aubry,  fearful  of  prejudicing  the  courts  of  Yersailles  and 
Madrid  against  him,  if  he  pressed  it,  acquiesced  in  all  that 
Ulloa  wished,  abstained  from  pressing  the  act  of  taking  posses- 
sion, and  let  himself  be  guided  completely  by  that  man's 
caprice. 

Examine  the  memoirs  published  on  the  revolution  which 
took  place  in  that  country,  and  we  see  Aubry  acting  us  ser- 


HISTOEICAL  MEMOIRS  OF  LOUISIANA. 


155 


geant-major,  and  often  as  valet  to  Ulloa.  "Wo  see  Lim  blindly 
follow  his  will,  and  obey  bim  as  eagerly  as  he  would  a  supe- 
rior. At  every  step  we  se#this  French  governor  and  his 
authority  exposed  to  humiliation  and  the  contempt  of  an  arro- 
gant Spaniard.  Meanwhile,  the  French  troops  continued  to 
act  under  their  national  flag ;  the  eighty  Spanish  soldiers  were 
in  barracks  and  unemployed.  The  council  acted  in  the  name 
of  the  French  king,  and  it  appeared  natural  that  till  possession 
was  taken  all  orders  should  emanate  from  Aubry.  The  whole 
colony  turned  to  him  ;  when  anything  was  asked  of  Ulloa  he 
put  it  off  till  afler  the  taking  possession,  and  that  moment  was 
considered  as  that  of  the  change  of  government. 

The  Spaniard's  delay  in  taking  this  authentic  and  necessary 
step  left  a  hope  that  he  would  sicken  his  country  of  a  colony 
which  he  every  day  repeated  was  unfit  for  Spain,  and  this  hope 
stilled  some  of  the  groans  which  his  conduct  would  othprwisc 
have  elicited. 

When  Ulloa  was  sufficiently  certain  that  his  threats  had 
alarmed  the  feeble  mind,  and  his  promises  seduced  the  inter- 
ested heart  of  Aubry,  he  no  longer  kept  up  appearances.  If 
he  needed  a  conference  with  the  French  governor,  he  sent 
a  sergeant  or  a  negro  for  him ;  if  he  spoke  to  him,  it  was  with 
the  arrogance  of  an  insolent  superior.  Once  only  Aubry, 
moved  by  his  impertinence,  resented  it.  The  supple  Spaniard 
at  once  bent  and  yielded,  to  resume  soon  after,  with  more  assu- 
rance than  ever,  an  empire  which  he  feared  to  dispute  too 
long. 

Tlie  colony  witnessed  with  lively  indignation  Aubry,  daily 
for  hours  together,  awaiting  in  Ulloa's  ante-chamber,  until  the 
moment  when  the  haughty  man  should  deign  to  appear. 
Authority  was  weakened,  the  royal  dignity  dishonored  in  the 
man  appointed  to  sustain  it.     All  the  French  were  mortified 


IK 


I ' 


'  A'    ■/ 


!   '■. 


156 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


at  this  humiliation,  and  when  it  falls  on  hearts  unused  to  it,  it 
inspires  rage  and  fury,  if  vengeance  is  not  prompt  enough. 

Ulloa  daily  extended  his  po#ers,  and  Aubry  kept  only  a 
shadow  of  authority  •*  and  this  went  so  far  that  it  was  impos- 
sible to  distinguish  which  was  the  head.  Each  gave  orders  ; 
yet  Aubry  often  sent  men  to  Ulloa,  and  the  Spaniard  always 
affected  to  leave  the  whole  authority  to  Aubry,  always  say- 
ing that  he  had  not  taken  possession.  He  had,  however,  per- 
suaded the  court  of  the  contrary  in  this  way  : 

An  act  was  passed  between  Aubry  and  Ulloa,  by  Vhich  the 
former  certified  that  he  had  resigned  to  the  latter  the  colony  of 
Louisiana  agreeably  to  the  orders  of  the  king,  his  master,  and 
in  virtue  of  the  powers  received  by  said  Ulloa  from  his  court. 
This  act  was  signed  by  the  two  governors  in  duplicate,  and 
was  to  be  exchanged  to  the  two  courts. 

It  will,  perhaps,  be  imagined  that  this  treaty  was  made  pub- 
lic, read,  posted  up,  and  attended  Avith  all  the  formalities  that 
announce  a  change  of  government.  Not  at  all.  The  inhabit- 
ants of  Louisiana  had  not  even  on  this  occasion  the  necessary 
satisfaction  given  to  a  sold  slave,  that  of  knowing  the  moment 
when  he  was  to  obey  his  new  master.  M.  Aubry  communi- 
cated this  iniquitous  and  informal  act  to  only  two  persons, 
after  pledging  them  to  the  most  profound  secrecy,  and  they 
divulged  it  only  after  the  revolution.  But  it  is  not  enough  to 
have  put  this  invalid  and  unjust  act  before  the  reader ;  but  let 
us  hear  from  Aubry's  own  lips  the  means  employed  by  Ulloa 
to  extort  it. 

"  Ulloa,  intimidated  by  the  representations  of  the  merchants 
to  the  council,  and  by  some  threats  purposely  pronounced  in 

*  Wc  shall  hereafter  see,  however,  Aubry  avowing  in  open  council,  that 
Ulloa  had  never  shown  him  anything  but  a  letter  of  M.  do  Grimaldi,  in  Spanish, 
a  language  that  Aubry  did  not  understand,  and  this  letter  announced  to  Ulloa, 
as  he  explained  it,  his  appointment  as  Governor  of  Louisiana. 


and 


they 


HISTORICAIi  MKMOTHS  OF  LOUISIANA. 


157 


Ilia  hearing,  retired  to  the  Balizc,  whieh  is  at  the  mouth  of 
the  river,  thirty-two  leagues  from  the  capital     I  received  a 
letter  from  him,  in  which  he  informed  mc  that  he  had  matters 
of  the  greatest  importance  to  communicate.  I  at  first  hesitated 
as  to  abandoning  my  government,  but  circumstances,  it  seemed 
to  me,  required  this  step  on  my  part,  and  I  went  to  the  Balize. 
Ulloa  represented  to  me  that  the  two  courts  would,  perlia})S, 
take  it  amiss  that  possession  had  not  yet  been  taken,  and  I 
knew  it  was  impossible  for  him  to  take  it ;  that,  accordingly,  to 
satisfy  both  monarchs  be  begged  me  to  sign  an  act  which  he 
proffered,  by  which  I  certified  that  I  transferred  the  colony  to 
him  by  virtue  of  the  powers  I  had  from  my  court  and  he 
from  his.     So  informal  a  transaction  shocked  mc,  and  I  in- 
sisted on  an  authentic  taking  of  possession,  which  could  be 
ignored  by  none — such,  in  a  word,  as  good  sense,  custom  and 
the  law  of  nations  required.     Ulloa  tried  to  convince  me  of  its 
inutility ;  I  insisted.     lie  then  promised  to  take  possession  as 
soon  as  he  returned  to  town.     I  was  some  days  irresolute. 
Ulloa  was  continually  after  me;  at  one  time  he  entreated,  at 
another  he  threatened  to  complain  of  my  refusal.      I  was 
greatly  embarrassed  ;  but  I  at  last  accepted  a  proposal  he  made 
me,  and  whieh  seemed  to  fulfil  the  object  of  the  publicity.     I 
signed  the  act  in  question,  on  condition  that  the  act  of  taking 
should  be  performed  publicly  on  his  return  to  town,  and  that 
the  act  i^assed  between  us  should  be  read  publicly  before  the 
garrison  of  Balize,  which  was  to  be  immediately  relieved  by  a 
Spanish  detachment." 

Have  you  never  seen  a  school-boy  threatened,  coaxed,  fright- 
ened, by  a  severe  master,  to  do  something  he  required?  The 
child  resists,  cries,  is  stubborn,  but  yields  at  last,  but  under 
conditions  that  seem  to  him  a  complete  victory  gained  over  his 


f 


i  'I 

m 

m 


158 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


i¥i 


v;  - 

■'     If 


' 


master.  Such  was  M,  Aubry  before  Ulloa.  But  let  ua  con- 
clude tlic  Frcucli  Governor's  account. 

"  The  act  passed  between  us,"  continues  Aubry,  "and  it  was 
agreed  that  each  should  send  a  copy  to  his  court.  I  gave  orders 
to  M.  de  Lorme,  a  French  officer  commanding  at  the  Bulize,  to 
have  his  trooi)s  under  arms  next  day  at  eight  o'clock.  Ulloa 
gave  the  same  order  to  the  Spanish  officer,  who  had  accom- 
nied  him  with  a  detachment ;  but  at  daybreak  Ulloa  enter- 
ed my  room  to  tell  me  that  it  was  useless  to  read  the  act 
before  the  troops  at  the  Balizc,  as  he  Avould  soon  go  to  town. 
I  countermanded  the  order  given  to  the  French  officer,  and  he 
did  the  same  with  the  Spanish  officer.  The  next  day  I  return- 
ed to  town,  leaving  Ulloa  at  the  Balize." 

Soon  after,  difficulties  arose  between  the  Spanish  governor 
and  the  French  officer  commanding  at  the  Balize.  The  latter 
had  orders  from  Aubry  to  obey  Ulloa  as  himself,  in  con- 
sequence of  which  the  orders  of  Ulloa  were  obeyed.  He 
changed  the  position  of  Balize  and  placed  it  on  the  left 
bank  of  the  river,  proceeded  there  and  raised  the  Spanish 
flag.*  The  French  flag  floated  on  the  other  side,  where  the 
French  officer  and  his  detachment  still  continued. 

During  his  stay  at  the  Balizc,  Ulloa  scnit  twelve  boats,  loaded 
with  troops  and  munitions,  to  go  and  take  possession  of  the 
posts  in  the  Illinois.  The  whole  colony  was  amazed  at  this 
infraction  of  received  usages.    Nothing  seemed  more  extraor- 

*  Balizc  was  the  port  at  the  entrance  of  the  Mississippi  on  the  west  side  in 
French  times.  Ulloa  took  it  into  his  head  to  change  this  post,  or  rather  to  establish 
another  on  a  little  island,  to  which  he  gave  the  pompous  name  of  Real  Catolico 
San  Carlos.  This  island,  like  all  others  at  the  mouth  of  the  Mississippi,  was 
not  permanent,  but  exposed  to  the  ravages  of  the  sea  and  river.  Ulloa  under- 
took to  make  it  solid,  and  spent  £25,000  in  his  attempt,  half  of  which  was  a 
dead  loss. 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


150 


dinary  than  to  sec  two  different  governments,  two  flags,  and 
two  commanding  officers  in  the  same  country.*  The  colonists 
went  to  Aubry,  who  pacified  them,  by  saying  that  he  was  to 
retain  command  till  jjossession  was  taken,  which  Ulloa  would 
do  as  soon  as  he  came  from  the  Balize.  This  moment  was 
always  deferred.  "  The  troops,"  said  the  Spaniard,  "  were  on 
the  way,"  in  fact,  at  Havana,  as  he  pretended,  although  it  is  an 
indisputable  fact  he  knew  that  at  that  port  there  were  only 
fifteen  or  twenty  men  for  Louisiana,  intended  to  replace  as 
manv  doatl  or  d(>pi'rtcd. 


*  This  conililioii  of  tilings  is  confirmed  by  Aiibry's  dispatch  to  tlu!  French 
government,  dated  iiOtii  of  January,  17()H.  "  I  command,"  says  Aubry,  "  for  the 
King  of  France,  at  tlie  same  time  I  govern  the  colony  as  if  it  belonged  to  the 
King  of  Sj)ain.  A  French  commander  is  gradually  moulding  Frenchmen  to 
Spanish  domination.  The  Spanish  governor  urges  mo  to  issue  ordinances  in 
relation  to  the  police  and  commerce  of  the  country,  which  takes  the  i)eople  by 
surprise,  considering  that  they  are  not  used  to  such  novelties.  The  .Spanish  flag 
is  now  waving  at  the  extremities  of  the  province.  It  is  at  the  Dalizc,  at  Mis- 
souri, on  the  banks  of  Iberville  River,  and  opposite  Natchez.  M.  Ulloa  has  just 
established  these  posts,  which  was  done  peaceably.  It  has  produced  no  clian"e 
in  our  posts,  which  still  continue  in  existence.  So  that,  in  all  those  which  are 
on  the  banks  of  the  Mississippi,  from  the  Balize  to  the  Illinois,  the  French  flag 
is  kept  up  as  before." 

Again,  in  anotlier  dispatch,  Aubry  says  :  "  The  governor  whom  His  Catholic 
Majesty  has  sent  here,  is  a  man  full  of  merit,  of  learning  and  of  talents  ;  but  as  an 
exception  to  the  well-known  temperament  of  his  nation,  he  is  exceedingly  hasty, 
and  it  seems  to  me,  that  he  does  not  listen  sufficiently  to  the  representations 
addressed  to  him  It  is  a  cause  of  discontent  in  those  who  have  business  with 
him.  I  had  wished  that  the  ofl'icer  sent  to  take  command  of  this  government 
had  possessed  the  art  of  managing  the  public  mind,  and  of  gaining  the  hearts  of 
the  inhabitants.  Men  arc  not  to  bo  ruled  with  haughtiness  and  pride,  with 
threats  and  punishments.  Marks  of  kindness  and  benevolence,  with  judicious 
promises,  would  have  been  necessary  to  reconcile  the  coioni.>its  to  the  e.vchange 
of  dominion  which  lias  come  upon  them.  Tiiis  was  the  only  course  to  be  pur^ 
sued,  in  order  to  win  the  afl'cction  of  new  subjects  who  regret  their  former  master. 

"  If  the  Spaniards  do  not  act  with  mildness,  and  if  they  attempt  to  govern  this 
colony  like  a  Mexican  one,  most  of  the  people  will  abandon  their  lands,  and  cross 
over  to  the  English,  who  arc  on  the  opposite  side  of  the  river.  Thus,  in  a  few 
years,  the  Spanish  part  of  Louisiana  will  become  a  desert."  He  concluded  with 
informing  the  French  court  that  the  measures  taken  by  Ulloa  were  not  calculated 
to  give  popularity  to  the  Spanish  government. — Gayarrc. 


\     ;'5h 


160 


niSTORICAL  MEMOIRS  OF  LOUISIANA. 


\UAi 


i    ■: 


■li'mMi: 


3 


Who  docs  not  feci  indignant  iit  such  conduct  ?  What  base, 
mean  trickery!  And  yet  it  was  on  this  illegal  act  only  that 
O'Kcilly  was  to  judge  as  Spaniards,  men  who  had  been  ceded 
without  being  told  of  it.  But  all  I  have  thus  far  related  is 
only  a  slight  sketch  compared  to  what  remains  for  me  to  tell, 
or  to  omit,  as  I  may  think  best. 

Money  at  last  came  from  Havana.  Ulloa  knew  that  the  non- 
payment of  the  troops  had  caused  some  nmrmuring;  he  hoped, 
by  appeasing  them,  to  be  able  to  ap2)ear  in  town  with  a  little 
more  security  for  his  life;  for,  according  to  the  idea  which  he 
had  formed,  he  was  in  constant  fear  that  the  colonists  would 
make  an  attempt  on  it.* 

On  returning  to  the  city  he  was  as  polite  as  possible, 
flattered  them  with  the  fondest  hopes,  announced  advantage- 
ous projects,  which  he  never  entertained,  read  letters  of  con- 
gratulation on  the  conduct  of  the  colonists  towards  him,  re- 
ceived, as  he  pretended,  from  the  court,  lie  flattered  cupidity, 
promised  to  take  possession  soon,  and  somewhat  restored  calm 
in  the  public  mind.  But  this  calm  lasted  only  as  long  as  he 
could  contain  his  temper,  and  above  all  his  hatred  and  con- 
tempt for  the  French. 

In  spite  of  the  complaints  which  Ulloa  repeated  a  thousand 
times,  he  never  received  from  the  inhabitants  anything  but 
politeness,  deference  and  respect.  Complaints  and  murmurs 
were  carried  to  Aubry,  who  a})peased  them,  exhorted  all  to 
patience,  assuring  them  that  the  French  court  was  informed  by 
all  his  letters  of  the  just  ground  on  which  the  colonists  had 
based  their  complaints. 

Meanwhile,  tyranny  was  gradually  being  established  and 


♦  This  fear  was  pardonable  in  a  man  who,  if  we  believe  public  report,  had  been 
obliged  to  escape  by  night  from  a  town  he  commanded  in  I'eru,  on  his  hearing 
that  the  discontented  inhabitants  wished  to  burn  him  in  his  house. 


IITSTORICAr,  MKMOIRH  OF  LOL'I.SIANA. 


101 


and 


despotism  gniricd  new  strengtli.  Onlinancos  were  annulled,  or 
made  a  dead  letter;  the  subjects  ol'  the  Freiieh  king  were  ill 
tnvated  and  imprisoned  by  order  of  the  man  invested  with 
antliority  by  ud  public  or  reeoguized  act. 

Never  was  there  a  more  cruel  and  critical  position  than  that 
of  the  colonists  of  Louisiana.     AVas  the  colony  ceded  or  not?" 
If  ceded,  why  did  not  IJUoa  take  possession?  and  why  did 
Aubry  continue  to  govern?  "Why  did  the  council  jndgi-  in  the 
name  of  the  King  of  France?     If  not  ceded  to  Sjiain,  what 
■was  Ulloa  doing  in  Louisiana?  Why  did  he  command,  unop- 
posed ])y  Aubry?     AVhy,  too,  -was  French   authority  alone 
recogni/cd  and  predominant?     AVhat  was  the  object  of  this 
mixture  of  authority,  the  more  destructive,  as  no  one  knew  to 
uhom  to  apply  for  a  redress  of  the  grievances  which  occurred 
daily? 

The  act  of  cession,  if  it  took  efTect,  was  to  bring  under  a  new 
domination  the  happiness  of  a  people  of  which  they  could  not 
have  as  yet  lost  the  remembrance.  Such  was  the  sacred  promise 
of  the  French  king  to  his  Louisiana  subjects — a  i)i'omise  which, 
only  confirmed  the  natural  feeling  that  kings  have  received 
power  oidy  for  the  happiness  of  the  people. 

But,  where  were  they  to  claim  these  sacred  rights  of  man  ? 
To  whom  address  their  representations?  Ulloa  would  not 
listen  to  them,  protested  that  he  had  no  right,  and  threatened 
those  who  made  them  with  the  greatest  chastisement  on  his 
reception.  If  they  applied  to  M.  Aubry  he  promised  the  sup- 
port of  the  French  court,  and  evils  but  increased  amid  this 
frightl\d  perplexity. 

An  cdictf  announced  from  Europe  crowned  their  despair. 

*  By  a  privnto  arrnngomcnt  entered  intobetworn  Ulloa  and  Aiiliry  on  tlio  20lli 
of  January,  1707,  it  wasajjrcpd  that  the  colony  should  dclivcrod  up  to  (JIloa,  and 
that  Aubry  should  govern  it  for  the  time  being. 

t  This  decree  was   issued   by  Ulloa  on  the  Ctii  of  September,  17G6.     The  ex- 

II 


il 


162 


N< 


IILSTOUICAL  MKMOIIIS  OF  LOUISIANA. 


course 
ing  it. 


itcrcoursc  with  Friinco,  duties,  imposts.  AVas  thi.s  a 
ite  of  the  promised  felicity  ?  to  lose  uU  hope  of  inter- 
li  their  country,  and  almost  the  hope  of  ever  reneh- 
/hat  a  future  for  Frenchmen,  whose  sacrifices  had 
proved  their  attachment  to  their  i)rince! — Cov  Frenchmen,  who 
breathed  only  for  the  moment  when  they  should  be  j)ermitled 
to  renew  in  Europe  an  oath  of  allegiance  from  which  nothing 
as  yet  had  dispensed  them. 

Jlero,  their  patriotic  feeling  awoke  with  all  the  energy  that 
an  essay  of  tyrannical  jjower  could  give  them  even  bclbre  its 
recognition.  The  desire  of  escaping  it  was  naturally  the  first 
movement  which  succeeded  this  outburst.  But  to  do  so  with- 
out being  criminal,  this  is  the  next  thought  of  a  Frenchman. 
The  colonists  certainly  arc  not  accused  of  having  abandoned 
this  principle. 

Tlu'y  had  many  ways  of  escaping  the  growing  tyranny,  and 
enjoying  the  rights  given  them  by  nature,  and  by  the  royal 
promise  to  ha]>pincss  and  repose.  They  knew  that  under  the 
English  government  they  would  have  all  the  prerogatives  of 
liberty.  They  beheld  the  victorious  Britons  extending  them 
the  hand;  they  had  but  to  cross  the  river  to  escape  vexations; 
but  an  oatli  of  fidelity  attached  them  to  France.  Nothing  as 
yet  had  destroyed  this  dear  and  sacred  bond.  Duty,  love, 
honor,  all  opposed  their  emigration  ;  all  prevented  their  listen- 
ing to  the  favorable  proposals  of  the  English  government ; 
.all,  in  fme,  obliged  them  to  close  their  ears  to  the  flattering 

citrmcnt  created  by  this  act  of  Spain  was  intense.  The  desire  to  throw  off  the 
yoke  was  now  {jcncraily  discussed,  and  even  the  sciicnie  of  independence  was 
f'avor:il)ly  received  by  the  colonists,  altliough  it  was  afterwards  abandoiied  as  a 
Quixotic  measure.  "  The  Dulie  de  Choiseul,"  says  Bancroft,  "  as  early  as  17()5, 
foreseeing  the  coming  fortunes  of  the  new  world,  expressed  his  regrets  for 
Louisiana,  because  he  foresaw  that  the  American  colonies  must  soon  become 
independent,  and  predicted  the  result  of  the  faial  struggle  between  England  and 
lier  culonies." 


III3T0HICAL  MEMOIRS  OF  LOUISIANA. 


103 


protniso^  made  to  such  ha  shoiilil  sotllo  oti  tlio  po.^sessions 
of  the  Kii^rlisli  kiiij*. 

Tlioy  could  not  compliilu  to  the  court  <>f  Sptiiu  of  tlic  cvil.s 
tlircatcnc'd  tlieiii by  IHloa,  and  witli  which  ho  smote  the  colony. 
They  were  induced  to  believe  that  lujlitictd  veason.s  kojit  the 
courts  of  Afadrid  and  Versailles  in  suspense  as  to  the  possession 
of  Louisiana,  inasnuich  ns  the  S^tanish  envoy  did  not  carry 
out  his  powers,  lie  might  be  commissioned  by  liia  court  to 
examine  the  colony  and  render  an  account,  ft  is  well  known 
that  IJlloa  frequently  siylcd  himself  sinipl}'  Inspector.  In  this 
([uality,  without  taking  possession,  and  not  having  been  rc- 
cognizetl,  he  had  no  riglit  to  command,  still  less  to  harass;  for 
not  even  the  act  of  taking  possession  woidd  give  this,  contrary 
to  the  orders,  will  and  desire  of  the  king,  his  master.  Another 
reason  confirmed  the  French  in  the  idea  that  particular 
arrangements  still  preserved  Louisiana  for  France ;  among 
others,  that  Aubrj'^had  not  executed"  the  French  king's  order* 
announcing  the  cession,  and  ordering  the  Governor  of  Louisi- 
ana to  transfer  the  colony  as  soon  as  any  came  entitled  to  re- 
ceive it  in  the  name  of  the  Spanish  king — at  least,  thoy  were 
justified  in  believing  Ulloa  not  that  person. 

The  inhabitants  of  Louisiana,  always  regarding  themselves 
as  subjects  of  the  king  of  France,  and  being  so  in  fact — as  no 
taking  of  possession,  no  public  net,  either  on  their  part  or  that 
of  their  magistrates,  had  attached  them  to  any  other  rule — could 
recur  to  none  but  the  French  tribunals  established  for  the 
relief  of  his  subjects,  to  render  them  justice  when  necessary. 
The  French  king  announcing  the  cession,  seemed  to  foresee  all 
the  difficulties  it  would  entail,  as  he  ordered  M.  d'Abadie  to 
have  his  royal  letter  enrolled  in  the  superior  council  of  Louisi- 

♦  Aubry  had  reccivctl  ofTicial  instructirns  to  code  l.ouis^iiina  in  Ajiril,  17GG. 


f. 

[Hi 'I 
"if 


t 


if 


!S!^ 


ilk 


IliH 


my 


](U 


iiiSTorjcAL  me:*ioirs  of  Louisiana. 


ana,  thai  "  the  people  of  the  colony  of  nil  ranks  and  conditions 
might,  in  case  of  need,  recur  thereto,  and  to  publish  and  post 
the  same;"  all  of  which  U'Abadie  had  done. 

Could  the  people  of  Louisiana  follow  any  path  hut  that  mark- 
ed out  by  the  king's  letter?  Tlicy  accordingly  drew  up  a  memo- 
orial,  in  which  some  of  their  complaints  against  L'lloa  are  set 


DKCRKK   OF  THE   SUI'KRIOR  COI.'NCII,. 

Louis,  l)y  llic  grnce  of  God,  King  of  France  am!  of  Navarro,  to  all  wlio  shall 
soo  tlirso  presents,  irreetinjr  :  We  make  it  known  that  the  Superior  Council  of 
the  I'rovince  of  Louisiana,  havinij  taken  into  consideration  llie  humble  repre- 
sentations, nir.de  this  dav  tc  that  court,  by  the  planters,  mcrcliants,  mechanics 
and  others  ;  and  whereas  the  relief  of  a  people,  to  whom  the  council  is  a  father; 
the  su|»])ort  of  the  laws,  of  which  it  is  the  dei)ository  and  interpreter;  and  the 
improvement  of  agriculture  and  commerce,  of  which  it  is  the  patron,  are  tlie  n)0- 
tives  of  the  representations  of  said  planters,  merchants  and  others  ;  said  council 
has  proceeded  to  adjudicate  as  follows  on  these  important  matters  : 

What  momentous  objects!  are  these  for  the  council  I  Can  it,  after  having  duly 
weighei'  'hem,  give  attention  to  any  other  subject,  except  so  far  as  it  may  con- 
tril)utc  these  favors  I  Let  it,  for  a  few  moments,  sus-pend  its  arduous  Ijiiors,  to 
attend  to  those  subjects,  which  are  now  re))resented  as  most  worthy  of  its  atten- 
tion and  ministry  .  and  thou,  dear  country,  whose  prosperity  is  the  object  of  our 
most  ardent  wishes  ;  and  you  who  are  to  us  what  Sparta,  Athens  and  Home 
were  to  their  zealous  citizens,  suffer  us  to  pay  a  legitimate  debt  by  consecrating 
to  tlice  tliis  weak  tribute  of  our  love  !  It  will  be  dictated  by  our  hearts,  whose 
inspirations  an  obedient  hand  is  ready  to  record, 

Seven  millions  of  royal  paper  constituted  all  the  currency  v>f  this  colony  and 
the  fortune  of  its  citizens  ;  the  total  withdrawing  of  this  capital,  the  payment  of 
which  his  majesty  suspended  by  an  edict  of  October,  1759,  has  reduced  the  pro- 
vince of  Louisiana  to  the  most  deplorable  situation.  We  shall  not  undertake  to 
enter  into  a  detail  of  the  calamities,  of  the  ruined  fortunes,  of  the  downfall  of 
families,  which  were  the  fatal  consequences  of  that  catastrophe.  The  council, 
every  time  it  asseml>Ies  to  take  cognizance  of  the  afl'airs  of  the  unhajipy  victims 
of  liiat  event,  has  before  its  eyes  a  more  striking  picture  of  our  misfortunes  tlian 
it  is  possible  for  us  to  paint.  Recovered  from  the  depression  into  which  they  had 
been  plunged,  the  citizens  of  Louisiana  liad  begun  at  last  to  breathe;  they  liad 
considered  the  conclusion  of  the  war  as  the  end  of  tlieir  misfortunes,  and  enter- 
tained hopes  that  the  return  of  peace  would  be  the  moment  destined  for  their  re- 
lief Agriculture,  siiid  the  planter,  that  surest  and  most  positive  wealth  for  a 
nation,  that  prolific  source  from  which  flow  all  the  blessings  which  we  enjoy, 
will  now  be  revivtd,  and  will  rejiair,  a  hundred  fold  during  t!ie  peace,  the  losses 
which  we  underwent  during  the  war  ;  commerce,  without  which  the  fruits  of  tho 
earth  have  neither  worth  nor  value,  will  be  vivified  and  protected,  said  the  mer- 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


IGo 


forth.  That  against  which  they  coukl  most  jnstlv  weigh,  was  his 
obstinacy  in  wishing  to  govern  without  taking  possession;  ar,d 
ihcy  asked  that  tliis  man,  from  whose  tyranny  tluy  had  all 

chniit.  Sweet  illusions  and  11  itterinjf  projoets,  what  is  now  liecoino  of  you  I  Tlie 
planter,  the  inerehant,  all  ranks  and  classes  in  the  enloiiw  underjro,  in  the  must 
profound  peace,  misfortunes  and  calaniilies  which  they  never  felt  durin;^  a  lo\\<r 
and  bloody  war. 

The  first  stroke  by  which  the  colony  was  afflicted,  was  the  information  it  re- 
ceived of  the  cession  made  of  it  by  his  majesty  to  Spain.  Nobody,  doubtless,  will 
be  surprised  at  the  i)rofound  grief  wl.ich  this  news  excited  in  all  hearts.  The 
French  love  their  monarch  ai)ovc  all  things,  and  a  happy  prejudice  makes  all  men 
naturally  incline  to  the  govermaent  under  which  they  are  born.  Let  us  cast  a 
veil  over  this  event  ;  the  ])en  drops  from  the  hand  of  a  Frenchman  when  he  at- 
tem[)ts  to  analyse  it.  ^^'hat  at  present  seriously  occupies,  and  should  engross 
the  whole  attention  of  the  court,  is  the  contemplation  of  those  facts  which  arc 
the  forerunners  of  that  slavery  with  which  a  new  administration  threatens  the 
colonists  of  Louisiana.  At  one  time  we  behold  an  exclusive  company,  which,  to 
the  prejudice  of  the  nation,  is  empowered  to  carry  on  all  the  commerce  of  the  re- 
maining possessions  of  the  French  in  North  America;  we  ne.xt  see  the  a[)[)car- 
ancc  of  an  edict  which  confines  within  the  narrowest  bounds  the  liberty  neces- 
sary to  conmierce,  and  forbids  the  French  to  have  anj-  connection  with  their  own 
nation  ;  it  is  replete  with  prohibitions  and  restraints;  the  merchants  of  Louisi- 
ana every  wlu're  meet  with  obstacles  to  be  surmounted,  diiricultics  to  be  overcome, 
and  (if  it  be  allowable  to  make  use  of  such  an  expression)  enemies  of  their  coun- 
try to  be  overthrown.  In  Europe,  a  period  of  six  months  will  sonelimes  elajisc 
before  persons  that  fit  out  vessels  know  whether  they  shall  obtain  passports  ;  we 
have  no  better  success  at  St.  Domingo,  when  exiieditions  to  this  river  (Missis- 
sippi) are  in  question.  7^he  Prince  of  Monbazon,  commander-general  of  the 
island,  begins  to  refuse  them.  In  Louisiana,  in  the  v.?ry  centre  of  the  colony, 
where  a  person  of  the  meanest  understanding  sees,  at  the  very  first  glance,  how 
much  it  stands  in  need  of  encouragement  and  patronage,  we  do  meet  with  more 
favor. 

The  government,  about  twelve  months  ago,  forbade  the  importation  of  negroes, 
on  the  pretext  that  the  competition  would  have  proved  injurious  to  a  merchant  of 
the  English  colonies,  who  was  to  furni -h  them.  How  terrible  and  how  destruc- 
tive a  course  of  action  is  this  !  It  is  dcjiriving  the  cidony  of  the  materials  best 
calculated  to  develop  its  resourci's  ;  it  is  cutting  up  by  the  roots  a  branch  of  com- 
merce which  is  of  more  conseiiuence  to  Louisiana  than  all  the  rest  put  together, 
■^['i)  promote  systems  of  this  sort  is  tantamount  to  the  d(?sire  to  convert  into  a  vast 
forest,  establishments  which  have  cost  infinite  pains  and  trouble.  The  vigilance 
of  the  court  will  easily  discover  the  cause  of  these  contrarieties  ;  the  edorts  of  its 
ze.il  will  destroy  it  ;  and  its  aireclion  for  the  colony  will  save  it  from  destruo 
tion.  Constraint  keeps  the  adairs  of  the  province  in  a  state  of  languor  and 
weakness;  liberty,  on  the  contrary,  animates  all  things  ;   no   one   is   at  pres(Mit 


^1 


■  I 


16G 


IIISTOllICAL  ME:\[0IKS  of  LOUISIANA. 


to  fi'ar,  should  leave  the  colon}'  ^vitll  the  frigate  and  the  Span- 
iards he  had  brought,  and  that  the  act  of  talcing  possession 
should   be  postponed  till  the  French  king  decided  their  fate. 

ignorant  thai  tlio  graiitinir  of  exclusive  privileges  may  be  justly  considered  as  a 
sort  of  vampire,  wliich  impercrptilily  sucks  and  consumfh  'he  people,  drains  the 
currency,  and  crushes  agriculture  and  commerce;  it  is  a  i  oppressive  method, 
which,  for  the  happiness  of  mankind,  has  been  long  sine  3  banished  from  the 
French  colonies. 

To  what  fatality  is  it  owing  that  Louisiana  alone  sees  sjjarks  of  this  devouring 
fire  again  struck  out  ?  'i'hese  are  no  panic  terrors  ;  and  of  this  the  court  will  be 
convinced,  after  perusing  the  decree,  with  an  extract  of  which  we  have  the  honor 
of  presenting  them.  We  shall  not  scruple  to  afiirm,  that  the  carrying  of  the  plan 
which  it  contains  into  execution,  would  ruin  the  colony,  by  giving  agriculture  and 
commerce  the  most  dangerous  wounds.  The  iidiabitants  of  Louisiana  already 
despair  of  the  preservation  of  their  country,  if  the  privileges  and  exemptions 
which  it  has  liitherto  enjoyed  are  not  continued  ;  if  the  execution  of  the  fatal 
decree,  wliich  has  alarmed  all  hearts  and  filled  them  with  consternation,  is  not 
prevented  :  if  an  ordinance,  puldished  in  the  name  of  His  (Jatholic  Majesty,  on 
the  (Jth  of  September,  17(50,  of  which  a  coj)y  is  here  subjoined,  is  not  annulled  as 
illegal  in  all  its  points,  and  as  contrary  to  the  increase  of  agriculture  and  com- 
merce ;  if,  finally,  the  mild  laws,  under  which  the  inhabitants  have  lived  till  now, 
were  sull'ered  to  be  violated.  We  should  never  forget  the  sublime  discourse 
which  an  illustrious  magistrate  addresses  to  the  legislators  of  the  earth  :  ''  Are 
you,''  says  he,  "  desirous  of  abrogating  any  law,  touch  it  but  with  a  trembling 
hand.  Approach  it  with  so  nmch  solemnity,  use  so  many  precautions,  that  the 
people  may  naturally  conclude  that  the  laws  are  sacred,  since  so  many  formali- 
ties are  required  in  the  abrogation  of  them." 

How  mortifying  it  is  for  Frenchmen  to  sufTer  all  the  rigors  to  which  their  com- 
merce i.s  subjected,  whilst  their  ambitious  rival  openly  carries  on  the  trade  of  the 
colony,  to  the  prejudice  of  the  nation  to  which  it  belongs,  wliich  contributed  to 
its  establishment,  and  which  is  at  the  expense  of  it !  W'c  do  not  tear  that  it  will 
be  objected,  that  the  French  alone  are  not  able  to  sujiply  the  continent  with  all 
the  commodities  which  it  wants.  A  loan  of  seven  millions,  which  the  inhabitants 
of  Louisiana  made  to  the  king,  from  the  year  1758  to  17(5:5,  will  be  an  eternal  monu- 
ment of  the  extent  of  the  French  commerce,  and  of  the  attachment  of  the  colo- 
nists to  their  sovereign's  service. 

It  is  just  at  the  time  when  a  new  mine  has  bi^en  discovered  ;  when  the  culture 
of  cotton,  im[)rovi'd  by  exiierieuce,  priniises  the  planter  the  recompense  of  his 
ti)ils,  furnishes  jiersons  eiiu'aged  in  fitting  out  vessels,  with  cargoes  to  Liad  them; 
wlien  the  manufacture  of  indigo  may  vie  with  that  of  St.  Domingo  ;  when  the 
fur-trade  has  been  earricil  to  the  hig'iest  degree  of  perfi'ction  which  it  has  as  yet 
attained;  it  is  in  these  happy  circumstances  that  certain  enemies  to  their  coun- 
try, and  broacliers  of  a  false  system,  have  imposed  upon  jiersons  in  ollice,  to  in- 
duce them  ;  >  sacrifice  the  inhabitants  of  New-Orleans.    Lei  the  court  no  longer 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


1G7 


This  memorial,  signed  by  a  majority  of  llie  inliabitauts,  was 
carried  to  tlic  Superior  Council,  and  tlie  28tli  of  October,  1 70S, 
was  appointed  for  the  day  of  the  general  assembly. 

defer  the  relief  of  a  people  which  is  dear  to  it  ;  let  it  make  kTiovvri  to  those  in- 
vested with  royal  authority  the  exhausted  state  to  whicli  this  province  would  ho 
reduced,  if  it  were  not  soon  to  be  freed  from  the  prohibitions  which  would 
plunije  it  into  irremediable  ruin.  What  would  be  thouifht  of  a  physician, 
who,  beinnr  possessed  of  a  panacea,  or  universal  remedy,  should  wait  for  a  plaijuo 
in  order  to  reveal  it  ]  It  is  by  the  trade  to  the  Leeward  Islands  that  the  inh'iiiit- 
ants  of  Louisiana  find  means,  every  year,  to  dispose  of  fourscore  or  a  hundred 
cariroesof  Imnbcr.  Should  this  branch  of  trade  be  taken  away,  the  colony  would 
be  de[)rivedof  an  annual  income  of  five  hundred  thousand  livres  at  least— a  sum 
whidi  the  work  of  the  negroes  and  the  ap|)lication  of  the  master  produce  alone, 
without  any  other  disbursement.  Accordinjf  to  the  observation  of  a  cclelir.itcd 
author,  it  would  be  better  to  lose  a  hundred  thousand  men  in  a  ijreat  kingdom  by 
an  error  in  politics,  than  to  be  guilty  of  one  which  should  stoji  tlie  proirrcss  of 
auricuiture  and  comnierco.  It  is  well  known  that  thofcc  who  present  plans  to 
obtain  exclusive  privile^fes,  are  never  without  plausible  reasons  to  make  them 
appear  economic  and  advantaijeous,  as  well  to  the  kinjj  as  to  the  public  ;  but  the 
exjierienc'^  of  all  ages  and  all  countries  evidently  demonstrates,  that  those  who 
seek  exclui  ions  have  their  private  interest  solely  in  view  ;  that  they  have  less 
zeal  than  others  for  the  pro.sperity  of  the  state,  and  have  less  the  spirit  of 
patriotism. 

The  execution  of  the  decree  relative  to  the  commerce  of  Louisiana  would  re- 
duce the  inh.ibitants  to  the  sad  alternative  of  either  losing  their  harvests  for  want 
of  vessels  to  export  them,  or  of  exchaniring  their  coumuvHlies  in  a  fraudulent 
manner  with  a  foreign  nation,  exposing  themselves  to  undergo  the  riiror  of  the 
law,  which  ordains  that  those  who  carry  on  a  contraband  trade  shall  lose  both 
their  lives  and  liberties.  What  a  life  is  this  !  wliat  a  struggle  !  It  is  but  too 
true,  as  has  been  already  observed,  that  the  report  of  the  new  ordinance  alone 
has  caused  a  considerable  diminution,  not  only  in  the  artich  s  of  luxury,  but  like- 
wise in  landed  estates.  A  house  which  was  heretofore  worth  twenty  thousand 
livres  would  hanlly  sell  for  five  thousand.  Some  will,  perhaps,  assert  that  the 
scarcity  of  money  contributes  also  to  this  diminution.  ]3ut  how  much  greater 
will  be  the  scarf':'/  of  sjiecie,  when  the  colony  shall  either  be  delivered  up  to  .in 
exclusive  eomp'i,.y,  or  the  ambition  of  five  i.r  six  individuals,  who  t'orm  but  one 
body  ;  It  will  then  resendile  a  member  irrown  to  a  monstrous  bulk,  at  the  ex- 
pense of  the  substance  of  Uie  rest,  which  would  become  withered  and  p^dsicd. 
The  bo<ly  wo\dd  thereby  find  itself  threatened  with  a  total  destruction.  It  w;is 
only  liy  openly  favoring  the  introduclit>n  of  negroes,  that  this  colony  was  raised 
to  the  diuirishinij  state  which  it  ap[)eared  to  have  .ittained  in  1750. 

Perhaps  it  will  be  said,  to  dispel  these  alarms,  that  the  gold  and  silver  which 
have  been  made  to  abound  in  the  pliee  by  a  new  administration,  may  indemnify 
for  the  losses  o'"  agriculture  an<l  coiniuerce.     iJut,  judging  of  the  future  by  the 


I 


I 


168 


JHSTOPJCAL  MEMOIllS  OF  LOUISIANA. 


'M.  cl'LTlloa,  alarmed  at  these  steps  of  tlic  colonists,  concerted 
"svitli  Aubiy  means  of  stojiping  tliem.  They  found  none  more 
promj)!  and  ellicacious  than  to  intimidate  hy  threats ;  but  men 

pxpcrioncc  of  llie  past  and  of  tho  present,  that  rrsourcn  will  he  founil  to  lio  very 
weak,  MS  nobody  can  protend  not  to  know  that,  among  the  various  treasures  which 
tlio  cartii  contains  in  its  bosom,  {fold  and  silver  are  neither  the  chief  riches  nor 
the  most  desirable.  These  metals  have  reduced  their  natural  possessors  to  a  dc- 
jilorable  state,  and  the  masters  of  tliose  slaves  have  not  thereby  become  more 
powerful.  They  appear,  from  that  niomc.it,  to  have  lost  all  spirit  of  industry, 
all  disposition  to  work,  like  a  laborer  who  should  I'uid  a  treasure  in  tlie  midst  of 
liis  Held,  and  thereu[)on  forsake  his  plow  forever.  Besides,  how  many  acts  of 
severity  have  been  connnitted  against  peaceable  citizens  by  a  stranger,  who, 
though  invested  with  a  respectable  character,  has  observed  none  of  thi;  formali- 
ties, nor  performed  any  of  the  duties  prescribed  by  the  act  of  cession,  which  pro- 
vides for  their  peace  and  trancpiillity.  We  shall  mention  an  old  ship-captain  who 
W'as  confmed  by  his  orders,  and  whose  vessel  was  detained  in  port  during  eight 
or  ten  months,  for  not  having  been  able  to  read  in  the  decrees  of  Providence 
that  the  vessel,  in  which  he  had  dispatched  certain  packets  intrusted  to  his  care, 
would  be  cast  away,  A  similar  tyranny  was  exercised  by  the  person  invested 
with  this  illegal  and  unjust  authority,  against  two  captains  belonging  to  Marti- 
nico,  who  had  been  guilty  of  no  other  crime  than  that  of  not  having  guessed  that 
the  Council  of  Louisiana  had  issued  an  edict  forbidding  the  introduction  of  tin; 
creolized  negroes  of  the  Leeward  Islands.  What  ill  usage  has  an  old  citizen 
sulfered,  on  account  of  a  packet  which  had  been  put  into  the  hands  of  tiic  cajitain 
of  one  of  his  ships,  who,  having  met  with  contrary  winds,  was  unable  to  deliver 
it  at  Havana  ! 

How  shall  we  describe  the  ba.barity  with  whicli  the  Acadians  were  treated  ! 
These  j)eo[)le,  tlic  sport  of  fortune,  had  determined,  under  liie  impulse  of  a 
jiatriotic  spirit,  to  forsake  all  that  they  might  possess  on  the  Knglisji  territories, 
in  order  to  go  and  live  under  the  liap[)y  laws  of  their  ancient  master.  They 
arrived  in  this  colony  at  a  great  expense,  and  scarce  had  tliey  cleared  out  a  ])laeo 
sullicieiit  for  a  poor  thatched  hut  to  stand  upon,  when,  in  consequence  of  some 
rejiri'seiititions  wiiich  they  happened  to  make  to  Mr.  Liloa,  he  threatened 
to  drive  them  out  of  the  colony,  and  have  them  sold  as  slaves,  in  order  to 
j),iy  for  'he  rations  which  the  king  had  given  them  ;  at  the  same  time 
directing  the  Ciennans  to  refuse  them  a  retreat.  It  rtiuains  to  be  determined 
whether  this  conduct  does  not  border  upon  barbarism  ;  hut  we  tbiidc  wo 
can  presume  to  conclude,  without  exaggeration,  that  it  is  diametri(;ally  con- 
trary to  the  jiolitical  .sy,stem  which  favors  the  encouragement  of  population,  in 
all  its  branches  and  by  every  means.  Thos|-  who  coinjdain  (and  wIkj  is  there  so 
far  broke  to  the  yoke  as  to  bear,  without  nun'murinir,  inhumanities  so  horrid  ') — 
yes,  we  declare  it,  those  who  coini)lain  are  threatened  with  imprisonment, 
banished  to  the  Balize,  and  sent  to  the  mines.  Now,  though  .Mr.  rilo,i  may  have 
bei'ii  invented  with  som(!  authority,  his  prince  never  commanded  him  to  exert  it 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


IGO 


impelled  l)y  right  arc  not  easily  intimidated;  seditions  men 
would  have  been  alarmed  ;  hut  the  colonists  were  vcr}'  far 
from  heiug  such.      Thej  followed  a  plan  dictated  l)y  their 

in  a  tyrannical  manner,  nor  to  cxrrcisc  it  lipforr  hnvini,'  nimlc  kmnvn  lii-i  titles 
;ui(l  powers.  Sueh  oj)|)res.sions  are  not  <lietateil  by  the  hearts  of  kinijs  ;  thev 
nijrce  but  ill  with  that  humanity  which  constitutes  their  character,  and  liirects 
their  actions, 

Were  we  to  enter  into  a  detail  of  all  the  mortifications  which  the  I'rencli  of 
New-Orleans  have  iinder<,'one,  we  should  hardly  make  an  end  of  the  recital.  It 
were  to  be  wished,  for  the  honor  of  the  nation,  that  as  many  of  them  as  have 
transpired  mii;ht  be  obliterated  by  the  ])recious  ellVcts  of  the  proteclion  of  the 
Superior  Council,  which  is  now  applied  for.  And  it  is  foretold  thai  the  inhabitants 
of  Louisiana  will,  in  order  that  their  tribulations  be  complete,  be  reduced,  in  pro- 
cess of  time,  to  live  barely  on  tortillas,  allhouirli  the  most  frugal  sort  of  food 
would  not  be  a  matter  of  complaint  on  llieir  p.irt.  In  the  mean  time,  the  pre- 
servation of  their  lives,  their  obligations  to  their  creditors,  their  sense  of  honor, 
which  (lows  from  the  sacred  source  of  patriotism  and  of  duty  ;  finally,  the  circuni- 
stance  of  the  attack  made  on  their  ])r<)j)erty  and  means  of  subsistence  by  that 
very  decree,  induce  them  to  odcr  Mii'ir  jiossessions  and  their  blood,  to  preserve 
forever  the  dear  inviolable  title  of  French  citizen.  All  that  h.is  hitherto  been 
said  leads  them  naturally  to  demands  or  requests,  to  which  the  zeal  of  the  court 
for  the  public  good,  and  its  steadine-^.s  in  supporting  the  laws  of  whi'di  his  most 
Cliristi.m  m;ijesty  has  made  them  the  depositories,  assure  them  that  it  will  give 
the  most  favorable  reception.  IJut  before  they  proceed  to  state  their  re((uests. 
they  must  acknowledge  the  kindness  with  which  they  weri  treated  by  NTr.  .\iibry. 
The  wishes  of  the  public  have  always  corresponded  with  the  choice  of  the  ]iriiice 
in  assigning  him  the  chief  command  over  tl;c  province  of  Louisiana  ;  his  virtues 
have  caused  the  titles  of  honest  man  and  equitable  governor  to  be  adjudged  him  ; 
he  never  made  use  of  his  power  but  to  do  good,  and  all  unjust  deeds  h.ive  to  him 
ever  a[)pcared  impossible.  They  are  not  afraid  of  being  reproached  that  grati- 
tude has  made  them  exaggerate  in  any  particular  ;  to  neglect  bestowing  de- 
served praises  is  to  keep  back  a  lawful  debt.  And  then  conclude,  tinally,  by 
entreating  the  court : 

\.  To  obtain  that  the  privileges  and  exemptions  wliich  the  colony  has  enjoyed 
since  the  cession  made  by  the  company  to  his  most  (Christian  majesty,  sliould  bo 
maintained,  without  any  innovations  being  sullered  to  interrupt  their  course,  and 
disturb  the  security  of  the  citizens. 

2.  'I'hat  passports  and  permissions  be  granted  from  the  governors  and  com- 
missioners of  his  most  Christian  majestj-,  to  such  captains  of  vessels  as  shall  set 
sail  from  this  colony  to  any  ports  of  France  or  America  whatever. 

3.  That  any  ship  sailing  from  any  port  of  France  or  Aiuerica  whatever,  shall 
have  free  entrance  into  the  river,  whether  it  sail  directly  for  the  colony,  or  only 
put  in  accidentally,  ;iceording  to  the  enslom  which  his  hitherto  prevailed. 

'1,  That  freedom  of  trade  with  all  the  nations  under  the  government  of  his  most 


9 


'm 


Jl 


170 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


'1.     ;'Hl'' 


I'll'; - 


w  ■ 


kinj^;  thoy  addressed  his  tribunal ;  but  tLey  thereby  destroyed 
UUoa's  work  ;  they  opposed  a  legal  obstacle  to  the  chains  he 
would  have  imposed.     Ulloa  menaced  hanging,  the  galleys,  &c. 

Christian  majesty  be  grnnteil  to  all  the  citizens,  in  conformity  to  the  king's 
orders  to  the  late  Mr.  d'Ahadie,  registered  in  the  archives  of  this  city,  and  like- 
wise in  conformity  to  the  letter  of  his  grace  the  D\ikc  of  Choiseul,  addressed  to 
the  same  Mr.  d'AI)adie,  and  dated  the  Uth  of  February,  1760. 

5.  J'liat  .Mr.  Ulloa  be  declared  to  have,  in  many  points,  infringed  and  usurped 
the  authority  hitherto  possessed  by  the  government  and  council  of  the  colony, 
becau.^e  all  the  laws,  ordinances  and  customs  direct  that  said  authority  shall 
not  be  exercised  by  any  officer  until  he  shall  have  complied  with  all  the  formali- 
ties jirescrihed  ;  and  this  condition  Mr.  Ulloa  has  not  observed.  He  should, 
therefore,  be  declared  to  have  infringed  and  usurped  the  authority  of  the  govern- 
ment:— I.  For  having  caused  the  Spanish  flag  to  be  set  up  in  several  parts  of 
the  colony,  without  having  caused  to  be  registered  in  the  archives  of  the  Superior 
Council,  the  titles  and  powers  which  he  may  have  had,  and  of  which  the  assem- 
bled citizens  may  have  been  informed.  2,  For  having,  of  his  own  accord,  and 
by  his  own  private  authority,  insisted  upon  caotains  being  detained  with  their 
ships  in  the  port,  without  any  cause,  and  for  having  ordered  subjects  of  France 
to  be  conlined  on  board  of  a  .Spanish  frigate.  3.  For  having  caused  councils,  in 
which  decrees  were  issued  concerning  the  inhabitants  of  Louisiana,  to  be  held  in 
the  house  of  Mr.  Destrchan.  They  recjuest  that,  on  account  of  these  grievances, 
and  many  others  publicly  known,  and  likewise  for  the  tranquillity  of  all  the  citi- 
zens who  apply  for  the  protection  of  the  council,  tliey  be  freed,  for  the  fut\ire, 
from  the  fear  of  a  tyrannical  authority,  iind  exempted  from  observing  the  condi- 
tions in  the  said  decree,  by  mcansof  the  dismission  of  Mr  U'lloa,  who  should  be 
ordered  to  embark  on  board  of  the  first  vessel  which  shall  set  sail,  in  order  to 
depart,  whenever  he  thinks  proper,  out  of  the  dependencies  of  this  province. 

6.  That  orders  be  given  to  all  the  Spanish  officers  who  are  in  this  city,  or 
seat'ered  throughout  the  posts  appertaining  to  the  colony,  to  quit  them,  in  order 
to  depart  likewise,  when  they  shall  think  proper,  out  of  the  dependencies  of  the 
province  ;  and,  finally,  that  the  court  be  pleased  to  order  that  its  decree,  when 
rendered,  be  read,  published,  and  set  m  in  all  the  usual  places  of  the  town,  and 
coU.nted  copies  sent  to  all  the  posts  of  tl  c  said  colony. 

The  fi-'regoing  representations  being  signed  by  five  hundred  and  thirty-six 
persons — planters,  merchants,  tradesmen,  md  men  of  note  ;  considering,  like- 
wise, the  copy  of  the  decree,  published  by  orders  of  his  Catholic  majesty,  neither 
signed  nor  dated,  and  another  copy  of  an  ordinance  j)ublished  in  this  city,  by 
order  of  Mr-  Ulloa,  of  the  6th  of  .September,  1766;  the  interlocutory  decree 
issued  yesterday,  upon  the  requisition  of  the  king's  attorney-general,  ordering 
and  directing  that,  before  the  decision  of  the  court,  the  said  representations  be 
put  in  the  hands  of  Messrs.  Huchet  de  Kernion,  and  Riot  de  Launay,  titular 
councilors,  to  be  by  them  examined,  and  afterwards  comnnmicated  to  the  king's 
council,  in  order  that  what  the  law  directs  may  be  enacted  concerning  them— all 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


171 


Aubry  promised  to  support  liiin.  The  inhabitants,  infonncd  of 
these  rcsohitions,  proceeded  to  Aubry 's;  they  re})resented  the 
evils  under  which  they  groaned,  and  the  necessity  of  resistinjztlie 

these  particulars  being  taken  into  consideration,  the  king's  attorney  stood  up 
and  said : 

"  GenUcmcn, — The  first  and  most  intercstin"  point  to  bo  examined  is  tlic  step 
taken  by  all  the  planters  and  merchants  in  concert,  who,  being  threatened  with 
slavery,  and  laboring  under  grievances  which  have  been  enumerated,  address  your 
tribunal,  and  require  justice  for  violations  of  the  solenui  act  of  cession  of  this 
colony. 

"  Is  yours  a  competent  tribunal  T    Arc  these  just  complaints  ] 

"  I  shall  now  i)rocced  to  demonstrate  the  extent  of  the  royal  authority  invested 
in  the  Superior  Council.  The  parliaments  and  superior  councils  are  the  deposi- 
tories of  the  laws,  under  the  i)roteetion  of  which  the  people  live  happy  ;  they  arc 
created  and  organized  to  be,  from  the  very  nature  of  thfir  odicial  tenure,  the 
sworn  j)atrons  of  virtuous  citizens,  and  they  arc  established  for  the  purpose  of 
executing  the  ordinances,  edicts,  and  declarations  of  king?,  after  they  are  regis- 
tered. Such  has  been  the  will  and  pleasure  of  Louis,  the  well-beloved,  our  liege 
lord  and  king,  in  whose  name  all  your  decrees,  to  the  present  day,  have  been 
issued  and  carried  into  execution.  The  act  of  cession,  the  only  title  of  which  his 
Catholic  majesty's  connnissary  can  avail  himself,  to  make  his  demands  i7!/c/or»/((/e 
et  proprietdte,  was  addressed  to  the  late  Mr.  d'Abadie,  with  orders  to  cause  it  to 
be  registered  in  the  superior  council  of  the  colony,  to  the  end  that  the  dill'crent 
classes  of  the  said  colony  may  be  enabled  to  have  recourse  to  it  upon  occasion, 
that  instrument  being  calculated  for  no  other  purpose. 

"  jMr.  L'lloa's  letter,  dated  from  Havana,  .luly  lOth,  1765,  which  expresse  his 
disposition  to  do  the  inhabitants  all  the  services  they  can  desire,  was  addressed 
to  you,  gentlemen,  with  a  reijuest  to  make  it  known  to  the  said  iidiabitants  tiiat, 
in  thus  acting,  he  would  only  discharge  his  duty  and  gratify  his  inclination. 
The  said  letter  was,  by  your  decree,  after  fulUleliberation,  published,  set  up  and 
registered,  as  a  pledge  of  happiness  and  tranquillity  to  the  iidiabitants.  Another 
letter  of  the  month  of  October  last,wiitten  to  Mr.  Aubry,  proves  that  justice  still 
continues  to  be  administered  in  the  colony  in  the  name  of  Louis  the  w  ell-beloved. 
It  results  fiom  the  solemn  act  of  cession  and  its  accessories,  that  the  planters, 
merchants  and  other  iidiabitants  have  the  most  solid  basis  to  stand  upon,  when 
they  present  you  wii!.  ,;( i"-  nio.st  humble  remonstrances;  and  that  you,  gontlc- 
nieii,  are  fully  authtiri/.ec! 'o  pronounce  thereupon.  Let  us  now  j)roceed  to  a 
scrupulous  examinatirii  uf  the  act  of  cession,  and  of  tlie  letter  written  by  I'lloa 
to  the  Superior  Council.  I  think  it  likewise  incumbent  on  me  to  cite,  word  for 
word,  an  extract  of  the  king's  letter,  which  was  published,  set  up  and  registered. 

"  This  very  solemn  act  of  cession,  which  gives  the  title  of  properly  to  his 
Catholic  majesty,  secures  for  the  inhabitants  of  the  colony  the  preservation  of 
ancient  and  known  pri\ileges;  and  the  royal  word  of  sovereign  lord,  the  kiiijr. 
promises,  and   gives  us  ground  to  liope  for  others,  which  the  calamities  of  war 


li 

I 


I 


sr^ 


172 


IIISTOHTCAL  MEMOIRS  OF  LOUISIANA. 


violence  of  <i  man  who  Imd  no  recognized  title.  Tliey  reminded 
him  of  the  king's  letter,  -whieh  enjoined  them  to  oi^ply  to 
the  council  for  the  ratification  of  the  articles  of  cession.    They 

have  prcvpiitoil  liiin  from  inakiiii;  liis  Kiilijocts  enjoy.  The  .ineicMit  privileijes 
liavi HIT  been  supiiressed  liy  the  autliority  of  his  (Jatholie  majesty's  coinniissioner, 
])ro])erty  lieeonieH  precarious.  Tlie  act  of  cession,  whieh  was  tlic  mere  resiih  of 
gooil-will  and  friendship,  was  made  willi  reserves  wliich  confirm  tlie  iilierties 
and  [)riviiei;es  of  the  iiihaliitants,  ami  promises  them  a  life  of  trampiiliity,  under 
the  proteetion  and  shelter  of  their  eaiion  and  civil  laws.  As  pro[)erty  aecrniiiir 
from  a  cession  by  tree  jjif;  laniiot  be  cl.iinied  and  obtained,  e.\eept  on  I  lie  condi- 
tion of  eoinj)'yin!r.  diirinjj  the  whole  possession  of  said  properly,  witii  the  reserves 
contained  in  s.iid  act  of  cession,  our  sovereii^n  lord,  the  king,  hopes,  and  promises 
himself  lli.at,  in  consequence,  nf  the  friendship  and  ajfretion  shown  to  him  hy  his 
Catholic  rrvijcsty,  he  (said  C.  M..)  will  he  pleased  to  i;ire  such  orders  to  his  governor, 
and  to  all  o'her  officers  employed  in  his  service  in  said  colony,  as  may  be  cnndncicc 
to  the  ndviiulu^e  and  trampii/li/i/  of  the  inhaliilanls,  and  that  they  shall  he  ruled, 
and  their  fortunes  and  estates  mmiog-ed,  aecordinr;  to  the  laws,  forms  and  customs 
said  colony.'  Can  .Mr.  I'lloa's  titles  give  authority  to  ordinances  and  orders  which 
violate  the  respect  due  to  the  solemn  act  of  cession  ?  Tiie  ancient  priviiej^es,  the 
traniiuiliity  of  the  subjects  of  France,  the  laws,  forms  and  customs  of  the  colony, 
are  rendered  .sacred  by  a  royal  promise,  by  a  refristcrin<;  ordered  by  the  Superior 
('cuncil,  and  liy  a  p\iblication  solemnly  decreed  and  universally  known.  The  solo 
aim  of  the  letter  of  our  sovereiirn  lord,  the  kitijr.  was  to  <rrant  to  the  dill'erent 
classes  of  the  colony  a  rei'ourse  to  the  act  of  cession.  Therefore,  nothing  can  bo 
better  grounded  or  more  legal  than  the  right  of  remonstrating,  which  the  inhabit- 
ants and  citizens  of  the  colony  have  acquired  by  roj'al  authority. 

"  Let  us  proceed  to  an  examination  of  the  letter  of  Mr.  Ulloa,  written  to  the 
Superior  Council  of  New-Orleans,  dated  the  10th  of  July,  1705.  I  shall  here  cite, 
word  for  word,  the  article  relative  to  the  .Superior  Council  and  the  inhabitants  : 

"  •  I  flatter  myself,  beforehand,  that  it  will  afford  me  favorable  opportunities  to 
render  you.  nil  the  services  that  you  and  tlie  inhabitants  of  yovr  town  may  desire, 
of  which  I  beg  you.  to  ffive  them  the  assurance  from  me,  and  to  let  them  know  thai,  in 
acthitr  thui,  I  only  dischnr'je  my  duti/  and  gratify  my  inclinations.^ 

•'  Mr.  Ulloa  proved  thereby  the  order."  which  he  had  received  .'"roi.i  liis  Catholic 
inajesty,  conformably  to  the  solemn  act  of  ces.sion,  and  rii.inifested  a  sentiment 
which  is  itulisitensable  in  any  governor  who  is  desirous  of  rendering  gooii  ser- 
vices to  his  king  in  the  colonies. 

"  Without  population  there  can  be  no  conamerce  ;  and  without  commerce,  no 
population.  In  proportion  to  the  extent  of  both  is  the  solidity  of  thrones  ;  both 
are  fed  by  liberty  aiul  competition,  which  are  the  nursing  mothers  of  the  state,  of 
which  the  spirit  of  mono])oly  is  the  tyrant  and  step-mother.  AVithout  liberty  there 
arc  but  fi".v  virtues.  Despotism  breeds  pusillanimity  and  deepens  the  aby.ss  of 
vices.  Man  is  considered  as  sinning  before  Cod,  only  because  lie  retains  liis  fr.'e 
will,    ^^'llero  is  the  liberty  of  our  )ilanters,  of  our  merchants,  and  of  all  our  other 


BI 


UlSTORICAL  ilEMOIRS  OF  LOUISIANA. 


173 


assured  hiin,  moreover,  that  IHlua  Lad  no  gnjuiid  lo  fear  hi.s 
life;  that  they  respected  the  title  willi  wliieh  hv  iiretiiidrd  lo 
be  invested,  but  at  the  same  time  re(|uesled  Aubry  that  the 
assembled  euuiieil  should  pronouuee. 


inlialiil.'uits  !   Protcclioti  ami  licnevoleiicc  liavc  i,'ivc'ii  wny  to  (li'spotisin  ;  a  single 
aiilliority  would  absorb  ami  anniiiilatc  everything.     All   r.uikK,  witlioiit  di^uiic- 
tlon,  can   no  longor,  without  running  tlir  risk    of  being  taxed    witli   guiU,  do 
anything  else  but  tremble,  bow  tiicir  neciis  to  the  yoke,  and  liek  the  dust.     The 
Su|)erior  Council,  the  bulwark  of  the  tranciuillity  of  virtuous  citizens,  has  sup- 
ported itself  oidy  by  the  combined  force  of  the  probity  and  disinteresteiliuss  of 
its  members,  and  of  tlie  eonlldeiice  of  tlie  peoi)le  in  that  tribunal.  AN'itlemi  tidiing 
possession  of  the  colony  ;  without  registering, . 'is  was  iiecessiiry,  in  the  ."superior 
Council,  his  titles  and  patents,  according  to  the  laws,  forms  and  cusioms   ol  the 
colony,  an  '  without   presentation  of  the  act  of  cession,  Mr.  I  llcja  has  caused  a 
president,  tliree  councilors,  and  a  secretary,  ncnninated  for  tin'  purpose,  to  take 
cognizance  of  facts  which  belonged  to  the  jurisdiction  of  the  Superior  Council, 
and  in  which  French  citizens  were  concerned.      Often   did  discontents   and  dis- 
gusts  seem  to  force  you  to  resign  your  places,  but  you  have  alw;iy.s  considered 
it  as  a  duty  of  your  station  of  councilors  to  the  most  Christian  king,  to  alle\iate 
and  calm  the  murmurs  of  the  o[)pressed  citizens.     The  love  of  your  country,  and 
the  sense  of  the  justice  due  to  every  citizen  who  applies  for  it,  have  nourished 
your  zeal;  it  has  always  been  rendered  with  the  same  exactness,  alihnugh   you 
never  thought  proper  to  make  representations  on   the   infractions  of  the  act  of 
cession.    You  have  alway;-  feared  to  give  encour.igement  to  a  mass  of  disconteoted 
people,  threatened  with  the  most  dreadful  calaniilies  ;  you  h.ive  prelerred  public 
tranquillity.       But  no-,  the  whnle  body  of  the  planters,  merchants  and  other  in- 
habitants of  liOuisiai.a  ajiply  to  you  for  justice. 

"  liCt  us  now  proceed  to  an  ai'Uirate  and  scru[)idous  examination  of  the  griev- 
ances, com|ilaints  and  im])Ulatio;is  contained  in  the  representations  of  the 
planters,  merciiants  and  other  mhabitanls.  ^\'llat  sad  and  disnial  jjictures  do 
the  said  rei)resentations  bring  before  your  eyes  !  I'lie  scourges  of  the  last  war, 
a  suspension  to  this  day  of  the  payment  of  seven  millions  of  the  kmg's  pai)er 
money,  issued  to  sujiply  the  calls  of  the  service,  and  received  with  conlidence  by 
the  inh.ibitants  of  the  colony,  had  obstructed  the  case  and  facility  of  the  circula- 
tion; but  the  activity  and  industry  of  the  planter,  and  of  the  French  merchant, 
had  almost  got  the  belter  ot  all  dilhcullies.  The  most  remote  corners  of  tlie  jxis- 
scKsions  of  the  savages  had  been  discovered,  the  fur-trade  had  been  e.irried  to  its 
highest  perfection,  and  the  new  culture  of  cotton,  joined  to  that  of  indigo  and 
tobacco,  secured  cargoes  to  tho.se  who  were  engaged  in  fitting  (uit  ships.  The 
commissioner  of  his  Catholic  majesty  had  promised  t<'n  years  of  free  trade,  that 
period  being  sufllcienl  for  every  subject  of  France,  attached  to  his  sovereii.ni  lord 
and  king.  But  the  tobacco  of  this  colony  being  prohibited  in  Spain,  where  those 
of  Havana  arc  the  only  ones  allowed,  the  timber  (a  considerable  branch  of  the  in- 


m^ 


1: 


iflf 


171 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


Aubry  promised  that  tlio  troops  should  be  armed  only 
to  prevent  disorder,  and  to  prevent  any  intended  vlolenec  to 
lllloa.  lie  was  present  at  the  cotmcil,  Avhcn  it  Avas  deeided 
that  Ulloa  and  all  tho  Spaniards  should  leave  the  colony,  and 

crinio  of  tlin  inhabitants)  lining  useless  to  Spain,  which  is  furnished  in  this 
article  by  itH  possrs.sions,  and  the  indigo  being  inferior  to  that  of  (niatetnala, 
which  KUjiiilie.'<  more  than  is  reniiisite  to  the  inanufacturrN  of  S[iaiii,  the  returns 
of  tlie  commodities  of  the  inhabitants  of  this  colony  to  t.'ie  peninsula  became  a 
ruinous  trade,  and  the  said  inhabitants  were  delivered  up  to  tin;  most  dreadful 
misery,  llis  (<atholie  majesty's  commissioner  liad  publicly  declared  his  convic- 
tion of  the  impossibility  of  this  country's  trading  with  Sjiain  ;  all  patronage, 
favor,  encouragement,  were  formally  promised  to  the  inhabitants;  the  title  of 
protector  was  decreed  to  Mr.  I'lloa ;  the  hope  and  activity  necessary  to  the  suc- 
cess of  the  planter  were  nourished  by  the  fuith  and  confidence  reposed  in  these 
assurances  of  the  Spanish  governor. 

"  But  by  the  elfect  of  what  undermining  and  imperceptible  fatality  have  wc 
seen  a  house  worth  twenty  thousand  livrcs  sold  I'or  six  thousand,  and  plantations, 
all  on  a  sudden,  lose  onc-lia'f  or  two-thirds  of  their  intrinsic  value  1  Fortunes 
waste  away,  and  specie  is  more  scarce  than  ever;  confidence  is  lost,  and  dis- 
couragement becomes  general ;  the  planter's  cries  of  distress  are  heard  on  every 
side  ;  the  precious  name  of  subject  of  France  is  in  an  eclipse,  and  the  fatal  decree 
concerning  the  commerce  of  Louisiana  gives  to  the  colony  the  last  fatal  stroke, 
which  must  lead  to  its  total  annihilation.  The  Spanish  flag  is  set  up  at  the 
Balize,  at  the  Illinois,  and  other  places;  no  title,  no  letters  jiatent  were  pre- 
sented to  the  Superior  Council ;  time  flies  apace  ;  the  delays  fixed  for  the  liberty  of 
eiiiiiTation  will  soon  expire  ;  force  will  tyrannize.  We  shall  be  reduced  to  live  in 
slavery  and  loaded  with  chains,  or  precipitately  to  forsake  establishments  handed 
down  from  the  grandfather  to  the  grandson.  All  the  planters  merchants,  and 
other  inhabitants  of  Louisiana  call  upon  you  to  restore  to  them  their  sovereign 
lord,  the  king,  Louis  the  well-beloved  ;  they  tender  to  you  their  treasures  and 
their  blood,  Frenchmen  to  live  and  Frenchmen  to  die. 

"  Let  us  proceed  to  sum  up  the  charges,  grievances  and  imputations  : 
"Mr.  Ulloa  has  caused  councilors,  named  by  himself,  to  take  cognizance  of 
facts  concerning  French  subjects,  which  appertained  only  to  the  jurisdiction  of 
the  Superior  (^ouncil.  The  sentences  of  that  new  tribunal  have  been  signified 
to,  and  put  in  execution  against,  Messrs.  Cadis  and  Lcbhnc.  Mr.  Ulloa  has  sup- 
ported tiic  negroes,  dissatisfied  with  their  masters.  He  has  presented  to  the 
Superior  Council  none  of  his  titles,  powers  and  provisions,  as  commissioner  of 
his  Catholic  majesty;  he  has  not  exhibited  his  copy  of  the  act  of  cession,  in 
order  to  have  it  registered  ;  he  has,  without  the  said  indispensable  formalities, 
set  up  the  Spanish  flag  at  the  Balize,  at  the  Illinois,  and  at  other  places  ;  he  has 
without  legal  auth<.fity,  vexed.  j)unished  and  oppressed  subjects  of  France  ;  he 
has  even  confined  some  of  them  in  the  frigate  of  his  Catholic  majesty  ;  has,  by 


m 


HISTORICAL  MKMOIRS  OF  LOUISIANA. 


175 


that  tlio  act  of  tak 


slioukl  not  be  att( 


(1  till 


possession 

the  French  king  had  answered  the  representations  of  the 
inhabitants,  whose  deputies  were  named  to  bear  thciii.  L'lloa 
in  fact  left  the  colony.     This  frigate  did  nut  leave   till  live 

his  aulliority  alone,  usurped  the  fourth  part  of  the  common  of  tlu>  inhahitanis  of 
the  town,  lias  appropriated  it  to  himself,  and  has  caused  it  to  lie  fenced  in,  tliit 
his  horses  might  graze  there. 

"  Having  maturely  weighed  all  this,  I  require  in  hehnlfof  the  king; 

"That  the  sentences  i)ronounced  hy  the  councilors  noniiMaled  for  the  purpose, 
and  put  in  execution  against  Messrs.  Cadis  and  Leblanc.  subjects  of  France,  he 
declared  cneroachmentM  upon  the  authority  of  our  sovereiijn  lord,  the  kiiiL'.  ami 
destructive  of  the  respect  due  to  his  supreme  justice,  seated  in  the  Superior 
Council,  inasmuch  a.i  lliey  violate  the  laws,  ibrms  and  customs  of  the  colony, 
confirmed  and  guarantied  hy  the  solemn  act  of  cession. 

"That  Mr.  IJlloa  he  declared  to  have  violated  our  laws,  forms  and  customs, 
and  the  orders  of  his  Catholic  majesty,  in  relation  to  the  act  of  cession,  as  it  ap- 
pears by  his  letter,  dated  from  Havana,  on  the  lOth  of  July,  1705. 

"  That  he  he  declared  usurper  of  illegal  authority,  by  causing  sulijccls  of 
France  to  be  punished  and  oppressed,  without  having  previously  complied  with 
the  laws,  forms  and  customs,  in  having  his  powers,  titles  and  provisions  recis- 
tered  hy  the  Su|)erior  Council,  with  the  copy  of  the  act  of  cession. 

"That  Mr.  I.'lloa,  commissioner  of  his  Catholic  majesty,  be  enjoined  to  leave 
the  col(>ny  in  the  frigate  in  which  he  came,  without  delay,  to  a\'  1  accidents  or 
now  clamors,  and  to  go  and  give  an  account  to  his  Catholic  majesty ;  and,  with 
regard  to  the  dillerent  posts  established  by  the  said  Mr.  l'lloa,  that  he  be  desired 
to  leave  in  writing  such  orders  as  he  shall  think  necessary  ;  that  he  be  declared 
responsible  for  all  the  events  which  he  might  have  foreseen  ;  and  that  .Messrs. 
Aubry  and  Foucault  be  requested,  and  even  summoned,  in  the  name  of  (jur 
sovereign  lord,  the  king,  to  govern  and  administer  the  colony  as  heretofore. 

"That  no  ship  saihng  from  this  colony  shall  be  dispatched  without  passports 
signed  by  .Mr.  Foucault,  as  intendant  commissary  of  his  most  Christian  majesty. 

"  "^I'hat  the  taking  possession  of  the  colony  can  neither  be  proposed  nor  at- 
tempted by  any  means,  without  new  orders  from  his  most  Christian  maje  ity. 

"That  Messrs  Loyola,  Gayarrc  and  Navarro  be  declared  guaranties  of  their 
signature  on  the  bonds  which  they  have  issued,  if  they  do  not  produce  the  orders 
of  his  Catholic  majesty,  empowering  them  to  issue  said  bonds  and  papers  ;  and 
that  a  sufllcienl  time  be  granted  to  settle  their  accounts. 

"That  the  planters,  merchants,  and  other  inhaliitants,  be  empowered  to  elect 
deputies  to  carry  their  petitions  and  supplications  to  our  sovereign  lord,  the 
king. 

"  That  it  be  resolved  and  determined  that  the  Sui)erior  Council  shall  make  re- 
presentations to  our  sovereign  lord,  the  king  ;  that  its  decree,  when  ready  to  be 
issued,  be  read,  set  u[),  published  and  r;'gislered. 

"  That  collated  copies  thereof  be  sent  to  his  grace  the  Duke  of  Praslin,  with  a 


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Sdaices 

Corporation 


23  WEST  MAIN  STREET 

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176 


IIISTORK'AL  MEMOIUS  OF  LOUISLVXA. 


'iilt-  ■  rf  .fii 


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mouths  after;  tlio  garrisons  that  lie  had  stationed  in  tlic 
various  f(;rts  along  the  river  all  fell  back  on  that  of  New- 
Orleans,  This  was  all  done  without  the  slightest  insidt  to  the 
Spanish  Ihig,  or  the  Spaniards  who  remained  in  the  eolony. 

Ictlcr  ti)  tlio  Siijicrior  Cuuncil,  ami  likcwiso  to  all  the  posts  of  the  colony,  to  bo 
lliorn  rend,  set  iij),  jtubli.sheil  ami  rc^istiTcil." 

'I'lic  rcpDrt  bc'iiijj  lieanl  of  Messrs.  Hucliet  de  Kernion  and  Riot  de  Lannay, 
councilors  and  connnissioners  appointed  for  this  pnrpose,  tiic  whole  heinjj  duly 
wei^rhed,  and  the  ^u'.ject  deliberated  upon,  the  attorney-general  having  been 
lieard  and  having  retired  : 

The  council,  composed  of  thirteen  members,  of  wliich  six  were  named  od  hoc, 
having  each  of  them  given  his  opinion  in  writing,  pronouncing  nj)on  the  said  re- 
presentations, has  declared  and  declares  the  sentences  rendered  by  the  councilors 
nominated  by  Mr.  I'lloa,  and  carried  into  execution  against  Messrs.  Cadis  and 
Leblar.e,  subjects  of  I'rance,  to  be  encroachments  npon  the  authority  of  our 
sovereign  lord,  the  king,  and  destructivejof  the  resiiect  due  to  his  supreme  justice, 
vested  in  his  Superior  Council;  has  declared,  and  declares  him  a  usurper  of 
illeg.il  authority,  in  causing  std)jeets  of  I'rance  to  be  punished  and  oppressed, 
without  having  previously  complied  with  the  laws  and  forms,  having  neither 
produced  his  powers,  titles  and  jirovisions,  nor  caused  tliem  to  be  registered,  and 
that  to  the  |)rcjudice  of  the  privileges  insured  to  them  by  the  said  act  of  cession  ; 
and,  to  prt;vcnt  any  viobince  of  the  populace,  and  avoid  any  dangerous  tumult, 
the  council,  with  its  usual  prudence,  finds  itscdf  obliged  to  enj(>in,  as  in  fact  it 
enjoins,  Mr.  L'lloa  to  quit  the  colony,  allowing  him  only  the  space  of  three  days, 
either  in  the  frigate  of  his  Catholic  majesty  in  which  he  came,  or  in  wlintever 
vessel  he  may  think  proper,  and  go  and  give  an  account  of  his  conduct  to  liis 
Catholic  m.ijesty.  It  has  likewise  ordained,  and  it  ordains  that,  witli  regard  to 
the  posts  established  by  him  at  the  U])|)er  part  of  the  river,  he  shall  leave  such 
orders  as  he  judges  expedient,  making  him  at  the  sai\ie  tnne  responsible  for  all 
the  events  which  he  might  have  foreseen.  It  has  requested,  and  requests  Messrs, 
Aubry  and  Foucault,  and  even  smnnKmed  them  in  the  name  of  our  sovereign 
lord,  the  king,  to  command  and  govern  the  colony  js  they  did  heretofore.  At 
the  same  lime,  it  expressly  forbids  all  those  who  fit  out  vessels,  and  all  captains 
of  ships,  to  dispatch  any  vessel  with  any  other  passport  than  that  of  Mr.  Fou- 
cault, who  is  to  do  the  office  of  intcndaiit  connnissaiy  ;  it  lias  also  ordered,  and 
orders,  that  the  taking  possession  for  his  Catholic  majesty  can  neitiier  be  pro- 
posed nor  attempted  by  any  mean.';,  without  new  orders  from  his  most  Christian 
majesty;  that,  in  consecjuence,  Mr.  l'lloa.  s'.iall  embark  in  the  sji.ice  of  three 
days  in  whatever  ship  he  shall  think  proper. 

M'illi  rcg.ird  to  what  relates  to  Messrs.  Loyola,  Cayarn'  and  Xuvarro,*  the  coun- 
cil has  decreed  that  they  may  stay  in  the  colony  and  discharge  their  rcipcclive 
functions  until  they  have  received  new  orders  from  hi^  Catholic  m.njesly,  and  shall 

*  Ofllcers  of  the  crown  who  acconipariicU  the  expedition  of  O'lliclly. 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


It  t 


From  tlicir  own  lips,  tlic  Spanish  court  sIioitIiI  have  taken 
evidence  of  the  moderation  of  the  colonists  in  so  critical  a 
moment.  The  unanimous  report  of  all  strangers  there  makes 
it  out  to  have  been  a  most  extraordinary  and  surprising  event 
for  the  order,  decency  and  moderation  to  which  all  sponta- 
neously contributed.  The^c  testimonials  of  attachment  to  the 
king  of  France  were  the  onlv  clamors  that  disturbed  silence 
and  tranquillity  during  the  three  days  tliat  the  inhabitants 
were  assembled  at  New-Orleans,  Immediately  after  Ulloa's 
departure  peace  and  tranquillity  reigned.  Aubry  met  with 
the  most  marked  obedience  from  the  colonists,  who  awaited 
news  from  France,  in  the  fond  hope  that  there  would  be  no 
change  of  rule. 

remain  suroties  of  their  signatures  for  the  bonds  tlipy  have  issued,  ex'^ept  they 
produce  the  orders  of  iiis  Catholic  majesty.  It  lias  likewise  authori/ed,  and  author- 
izes the  planters  and  merchants  to  choose  whatever  persons  they  think  jiroper,  to 
take  up  their  petition  to  our  sovereign  lord,tIir  kinij,  and  lias  derrrcd  that  :lie  Suj)e- 
rior  Council  shall  in  like  manner  make  representations  to  our  sovereign  lord,  the 
king  ;  it  orders  that  the  present  decree  sliall  Ite  read,  printed,  set  up,  published 
and  registered  in  all  places  and  posts  of  this  colony,  and  that  a  copy  of  it  shall 
be  sent  to  his  grace  the  Duke  of  I'raslin,  .Minister  of  the  Marine  Department. 

We  order  all  our  bailiffs  and  sergeants  to  perform  all  the  acts  and  ceremonies 
requisite  for  carrying  the  present  decree  into  execution  ;  we,  at  the  same  time, 
empower  them  to  do  so.  ^\'e  also  enjoin  the  substitute  of  the  king's  attorney- 
general  to  siij)eriiitend   its  V.xecution,  and  to  apprise  the  court  of  it  in  due  time 

Given  at  the  Council  Cliamber,  on  the  2t)th  of  October,  17(i8. 

By  the  Council, 

Li.KKir, 

Principal  Secretary 

I  protest  against  tlie  decree  of  the  council  which  dismisses  Don  .\ntonio  dc  Ulloa 
from  this  colony.  Their  most  Christian  and  Catholic  majesties  will  be  offended 
at  the  treatment  inflicted  on  a  person  of  his  character;  and,  notwith.standing  the 
small  force  which  I  have  at  my  disposal,  I  would,  with  all  my  might,  oj)pose  his 
departure,  were  I  not  apprcliensive  of  endangering  his  life,  as  well  as  the  lives  of 
«11  the  Sfianiards  in  this  country. 

Deliberated  at  the  Council  Chamber,  this  39th  of  October,  1708. 

(Signed)         Auury. 

12 


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178 


niSTOiaCAL  ME.MOIKS  OF  LOUISIANA. 


TIIIIiD    PART. 


SECTION  II. 

FfiOM  Tin:  DF.rARTVRt:  OF  DOy  ASTORIA  VLLOA  TO  THF.  YEAR  ITTJ. 

Pkihties*  had  been  named  to  bear  to  the  King  of  France 
the  testimonials  of  the  attaehment  of  his  faithful  subjects  in 
Louisiana,  Avho  asked  oidy  to  live  and  die  as  Freuehmen ;  but 
these  deputies  could  not  reach  Europe  before  the  end  of  ^farch. 
Ulloa  had  arrived  there  six  ^veeks  before,  and  had  represented 
his  own  conduct  and  that  of  the  inhabitants  in  such  colors  as 
lie  chose,  and  the  Sovereign  Hand  which  directs  all  events 
did  not  permit  the  truth  to  jKinctrate  first  to  the  courts  of 
Madrid  and  Versailles. 

The  act  passed  between  Aubry  and  Ulloa,  of  which  it  is  need- 
less to  show  the  informality,  had  apparently  enabled  Ulloa  to 

*  'i'lie  iloputips,  St.  T>otte  and  T.rsassier,  prcsontcd  tlip  following  petition  to  the 
Duke  de  Choiscul,  niiiiistcr  of  the  king,  on  their  arrival  in  Paris  : 

I'KTITION   Ol'  TlIK  COf.OMIt^TS   AND   MEIU  HANTS  TO  THK   KI>fl>. 

SiRK, — If  has  pleased  your  majesty  to  cede,  liy  a  ,)artieular  act  signed  at  Fon- 
tainehleau,  3d  of  November,  170-,  all  your  country  known  l>y  the  name  of  Louisi- 
ana, tojrether  with  Xew-Orleans  and  the  island  on  which  this  city  is  situated,  to 
his  Catholic  majesty. 

A  fcchle  motive  of  consolation  stifled  our  grief— it  was  the  hope  of  a  protection 
and  good-will,  like  that  experienced  under  your  iiappy  sway,  and  such  as  your 
sacred  promise,  in  your  majestyV  letter  to  .NL)nsieur  d"AI)adie,  of  .\pril  21,  1704, 
leads  us  to  expect  Our  aflectionate  obedience  silenced  our  regret  till  an  un- 
known and  strange  vexation  has  wrung  from  us  cries  too  long  withheld.  An 
ofTieer,  {Don  Antonio  de  I'lloa,)  who,  without  justifying  his  titles,  pretends  to 
orders  from  his  Catholic  maje-sty,  has  presented  us  new  laws,  destructive  of  our 
conunerce.  abrogating  our  privileges,  and  attacking  our  liberties.  Our  goods,  in 
less  than  the  thirty  months  of  his  stay  here,  lost  two-thirds  of  their  value  ;  culti- 
vation became  useless,  and  our  clTorls  in  every  branch,  hampered   by  multiplied 


nisTOUICAL  MEMOIRS  OF  LOUISIANA. 


179 


:aR  177J. 

'  France 
)jcct3  in 
en;  but 
f  March, 
resented 
colors  a3 
1  events 
•ourts  of 

is  nccd- 
lloa  to 

ition  to  the 


khI  at  Fon- 
of  Loiiisi- 
iiluatcil,  to 

protection 
ich  as  your 
il  21,  1704, 

till  an  un- 
ihrld.  An 
irctcnds  to 
:tive  of  our 
ir  goods,  in 
iluc  ;  culti- 

mulliplicU 


represent  tlie  inhabitants  of  Louisiana  as  criminal  to  tlic  Span- 
ish Icing.  Franco,  on  llic  other  hand,  regarding  the  cession  as 
long  since  consunnnati'd,  would  scarcely  listen  to  the  dt'})uties; 
and  tiic  answer  made  U)  their  representations  was,  that  nothing 
could  be  done  in  the  matter,  as  it  was  alto^(}ther  in  the  liands 
of  Spain.  Yet,  when  it  was  proved  to  the  court  of  Versailles 
that  the  government  of  Aubry  had  not  ceased  in  Louisiuna, 
and  thatsinec  the  peace  all  had  been  condueted  in  the  name  of 
the  French  king;  when  they  saw  the  details  of  IJlIoa's  con- 
duct and  that  of  the  French  governor  and  inhabitants,  all  were 
indignant  against  the  Spaniards  and  lilled  with  contemiit  for 
the  French  governor,  and  they  wept  with  joy  to  see  in  the 
Louisianians  the  patriotism  which  all  discovered  in  their  hearts. 
All  admired  the  wise,  firm,  moderate  and  reflective  conduct  of 
the  colonists,  and  all  France  looked  with  anxiety  on  the  result. 
The  French  ministry  felt  that  they  could  not  without  injustice 

cfTorts  (rrstrictions '),  liconinp  a  fniitloss  toil.  Wc  linvc  Ii.id  rrroiirsi-  to  the 
magistrates  appointed  liy  your  majesty  to  assemble  the  peoj)Ie  under  your  aiiijust 
laws;  we  have  exposed  to  tliem  tlie  excessive  evils  acerued,  our  zeal,  our  love 
for  our  natural  sovereii^u,  ami  his  promises  auiiouueed  in  his  letter,  resist ereil,  as 
ho  directed,  in  our  slufn  o/Jh:c,  to  have  recnursc  to  in  n^cd.  They  have  enjoined 
the  envoy  of  his  ('atholie  majesty  to  depart  in  three  days,  and  have  authorized 
us  to  come  to  the  foot  of  the  throne,  >-ire,  to  implore  your  clemency,  ciaiui  your 
protection,  and  present  our  |)ctition. 

The  execution  of  the  treaty  of  cession  has  not  even  begun  on  our  part.  The 
French  flag  alone  has  hitherto  appeared  on  our  scpiare,  and  at  the  head  of  our 
militia.  The  French  (lag  alone  has  been  hoisted  on  our  shipping.  Justice  is 
exercised,  sire,  in  your  name  alone,  and  our  churches  echo  with  jirayers  for  your 
august  person  only.  \\'e  are  Frenelnnen  still,  and  too  hajipy  to  traiisinit  the 
name  to  our  children  ;  it  is  arhoic(>  title,  which  we  deem  a  part  of  our  inheritance. 

Deign,  sire,  to  have  an  account  rendered  to  you  of  the  (h>tails  set  forth  in  our 
memoir,  which  contains  only  fads  and  wishes  of  universal  notoriety,  and  is  adr 
dressed  to  the  world. 

Deign  to  take  back  under  your  beloved  sway  your  colony  of  Louisiana,  ar.d 
dispose  at  your  will  of  the  blood,  property  and  families  of  your  faithful  sul)jects, 
merchants  and  colonists  of  said  pr<)vince,  who,  by  the  voice  of  their  deputies, 
make  you  sincere  offers  of  the  most  ardent  zeal,  respectful  submission  and  invi- 
olate attachment. 


iil 


M\ 


'i# 


! 


} 


I M 


J  mil 


v.> 


.  i.^.  .^i. 
^i-'  ,ii-'i 

( 

^  Ism' 

jlf 

W' 

i 

11 

wl^P    '' 

tin 

180 


UISTOUICAL  MEMOIRS  OF  LOUISIANA. 


lOSO  ( 
LTOU 


111 


>f  the  Si 


micnt 


11    KIIIJ,' 


ho    Hv) 


abiindoii  sul>jccta 
iards,  was  tlieir  t 
di;.s(>rvc(l  the  title  of  wcll-bolovod.  Tlicy  intended  to  write  to 
S}»ain,  but  it  was  too  late;  the  delay  had  been  too  great;  tho 
blow  was  struck.  The  council  at  Madrid  had  not  unreasonably 
feared  that  France  nuj^ht  discover  the  mendacity  oi'  lJlloa'n 
re})ort*  and  demand  justice.  No  cx})edition  accordingly  was 
ever  got  np  with  greater  celerity  in  S})ain.  Orders  were 
already  given.  O'lleilly,  lieutenant-general,  was  already 
cleared  for  Havana,  with  orders  to  proceed  to  Louisiana 
and  take  })ossession  in  the  name  of  the  S2)anish  king, 

AV^e  a})proach  the  dreadful  moment  that  is  to  decide  forever 
the  fate  of  the  colony.  Before  casting  our  eyes  on  the  scenes 
of  horror  I  have  yet  to  trace,  let  us  go  to  Louisiana  and  sec 
how  the  iidiabitants  Avere  employed  after  L'l'lloa's  departure. 

Along  the  river  I  admire  the  happy  fruits  of  liberty  and 
contentment ;  all  redoubled  their  eflbrts  ;  the  plantations  arc 
in  the  fmest  state ;  the  revenues  will  be  greater  than  they 
were  in  times  of  torpidity  caused  by  IHloa's  stay.  Every  wlicre 
joy  and  peace  reign  undisturbed ;  the  hope  of  being  Frcncli- 
mcn  inspires  all,  and  tho  government  which  the  inhabitants 
enjoy  gives  new  life  to  all  the  colony.  What  is  that  building 
which  I  behold  rising  in  tlie  midst  of  the  city  ?  It  is  the 
temple  of  the  Lord ;  it  is  a  tribute  of  thanksgiving  ofl'ered  by 

*  Illloa's  report  contains  about  300  manuscript  pages.  It  is  very  full  and  well 
drawn  up.  It  gives  an  account  of  his  expulsion,  and  clearly  shows  that  Aubry 
was,  in  the  whole  matter,  the  principal  informer  ajrainst  the  patriots  ;  that  La- 
freniere,  Foucault,  Noyan,  Marquis,  Villere  and  others,  had  planned  the  revolu- 
tion ;  that  it  was  not  so  much  for  the  purpose  of  getting  rid  of  tho  Spanish 
governor,  3'!  to  declare  the  province  indopcudeiit ;  that,  for  that  purpose,  Noyan 
and  Mass.v.i  were  deputed  to  the  English  governor  of  Florida,  for  the  purpose  of 
securing  protection  of  the  British  government ;  that  the  governor  having  refused 
his  aid,  the  address  to  France  was  resorted  to  as  the  means  of  concealing  their 
plan.  This  document  is  full  of  interest,  and  its  particulars  arc  fully  corroborated 
by  the  letters  of  Aubry  to  the  French  minister. — Archives  of  France. 


'i,l 


UI.STOIUC'AL  MKMC)II?S  OF  LOUISIANA. 


181 


^pan- 


tho  col<>ny  to  linn  who  directs  events.  'I'liey  will  soon  eliant 
his  praises  tliore — it  will  .soon  eilio  with  the  prayers  of  eaeh 
citizen  lor  liis  ki^,^^  Further  on,  I  see  anotiier  buildin<,'; 
curiosity  loarls  me  to  it.  On  its  portal  is  this  beautiful  inserij)- 
tion: 

"  Asi/h.tm.for  the  Poor  and  the  Orphan." 

Witliiii  I  sec  beds  for  the  siek,  rooms  R)r  the  lying-in,  nur.scs 
for  orphans,  and  pau[iers  to  be  suj)ported.  All  is  in  comj)letG 
order.  The  ro()ms  are  .<o  arranged  that  help  is  given  to  cuch 
in  season,  without  noise  or  confusion.  I  ask  to  whom  we  owe 
this  estnblishment,  and  the  foundation  of  the  churcli  which 
I  .sec  rising,  "  To  the  patriotism  of  the  citizens,"  is  the 
answer,  ''and  to  their  respect  for  the  Deity,  to  our  nmtual  love, 
to  the  pity  in.'^pired  b}''  the  unfortunate,  but  of  which  we  had 
but  a  faint  idca[)revious  to  I'lloa's  coming."  A  unanimous  im- 
puhse  liiLS  founded  these;  the  general  voice  proposed  them ;  each 
gave  according  to  his  means,  without  tax  or  impost.  Chie  gave 
the  Avood  necessary  for  the  framework;  another,  building 
materials;  one,  beds;  and  then,  furniture.  All  strove  in  cnm- 
lation,  and  have  thus  provided  the  funds  ncccs.sary  for  the  ex- 
pense incurred  in  this  hospital. 

"  0  virtue !"  I  cried,  full  of  enthusiasm ;  **  0  divine  patriotism! 
of  wdiat  are  we  not  capable,  when  inflamed  by  thy  sacred  lire! 
Among  what  men  am  I  transported  I  0  you,  whom  1  sec 
ready  to  condemn  them  as  seditious  rebels,  judge  whether  such 
actions  would  take  place  amid  the  tumult  of  a  revolt ;  and 
whether  hearts,  crushed  under  the  weight  of  remorse  wdiich 
follows  the  intoxication  of  sedition,  would  be  capable  of  senti- 
ments so  pure,  so  indicative  of  the  tranquillity  of  soul  and  con- 
science !  0  happy  monarch  that  reigns  over  the  French  !  how 
worthy  are  such  subjects  of  thy  support!  What  happiness  do 
they  not  deserve  to  enjoy  1     Their  lot  should  ever  be  to  seo 


■  i 


■t 


■  **«*«1«*»,*,» 


182 


HISTORICAL  MKMOIRS  OF  LOUISUNA. 


ever  /louri.sliin.i,'  luulcr  tliy  sway  the  sentiments  of  religion, 
humanity,  ciiarity  and  generosity,  whieli  I  see  displayed  at  a 
moment  wlien  their  will  lias  no  guide  but  their  heart,  and  no 
cheek  but  the  desire  of  i)roving  to  the  whole  world  their  attaeh- 
nient  to  thee !  4'hese  feelings  are  uiihcld  1  <y  the  hope  of  living 
under  thy  hapj  y  laws,  and  seeing  their  ehihlrcu  enjoy  this 
happiness  with  them." 

But  whence  c<-)nu\s  this  general  murmur  throughout  the  city? 
They  whisper,  they  dare  not  raise  tlieir  voice,  thry  come  and 
go  without  knowing  what  they  do.  Tailor  sits  on  every  face, 
and  tears  soon  begin  to  flow.  Sol)S  stifle  cries  of  grief.  I 
share  in  the  general  fright.  I  ask  the  cause  of  this  public 
alarm,  of  the  frightful  evil  with  which  each  seems  over- 
powered. 

"  We  are  lost."  says  a  citizen  to  me ;  "  our  king  abandons 
us ;  the  Spaniards  are  at  the  Balize,  and  are  coming  to  take 
possession  of  the  colony." 

This  news  was  the  less  credible,  as  letters  Avhieh  arrived  on 
the  19th  of  July  in  that  year  left  tlie  colony  some  hope  of  not 
passing  under  the  Spanish  sway,  and  it  was  now  only  the  25th. 
The  news  was  but  too  soon  confirmed.  A  Spanish  oiheer,''''  dis- 
patched by  O'lieilly,  brought  Aubry  a  letter,  by  whieh  that 
connnander  announced  that  he  came  iix  the  name  of  the  king, 

*  This  ofllcrr  was  Don  Francisco  Ilouliirny,  a  jr<Mitlcn>an  of  nolilo  birth.  He 
was  horn  in  Alicant,  .Spain,  on  the  5th  <il' .March,  173,"),  and  untercil  the  anny  as 
a  cadet  at  the  age  of  eighteen.  In  1703  he  went  to  Havana  vvitii  his  regiment, 
where  lie  remained  until  he  was  ordered  to  join  the  expedition  to  Louisiana.  On 
tlic  SUii  of  .luly,  the  lleet  arrived  at  the  inoutli  of  the  .Mississippi.  On  tiic  next 
day  lie  was  dispatched  liy  O'Reilly  to  New-Orleans  with  a  letter  to  M.  Aubry, 
announcing  his  arrival  to  take  possession  of  the  }>roviiice.  On  the  26th,  he  re- 
turned to  the  Balize,  and  in  a  few  days  ."ifter  lie  was  ordered  to  repair  again  to 
the  city  to  prepare  quarters  for  the  .Spanish  troops  of  the  expedition.  After  the 
departure  of  O'Reilly  for  Spain,  Col.  Bouligny  remained  in  .New-Orleans  at  the 
head  of  his  regiment,  until  he  was  ordered  to  join  the  expedition  of  Galvez,  which 
took  Mobile  and  Pensacola  in  1780-'l.     Tor  his  daring  exploits  in  this  campaign 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


133 


his  master,  to  take  possession  of  the  coh^ny,  to  reduce  it  to  sub- 
mission in  case  of  op[)(jsitioii,  ])Ut  to  load  it  witli  benodts,  if  ho 
was  received  as  lie  was  outitled  to  o\[>cct.  'i'liis  letter  was 
accompanied  by  orders  from  the;  king  of  Franco  to  Aubry  to 
surrender  the  colony  to  the  Spaniards. 

Aubry,  who  knew  the  intention  of  the  colonists  to  refuse 
absolutely  the  Spanish  rule,  and  to  2)rcvent  tlicir  ciiti'riug  the 
river,  without  positive  orders  froni  the  French  kini:",  immedi- 
ately published  those  he  had  received.  IFe  had  also  i)reeau- 
tions  to  take  au;ainst  an  cmiLiTation  vn  which  the  colonists 
seemed  bent.  He  accordingly  convoked  a  general  assembly  ; 
read  O'lleilly's  letter,  with  its  promise  of  favtn-able  treatment, 
if  they  did  not  oppose  his  taking  possession,  l)ut  idso  his 
threats  in  case  of  refusal.  These  threats  produced  an  clleet 
contrary  to  what  Aubry  expected,  so  unfit  were  tlicy  to 
intimidate  the  people  of  Louisiana.  Besides,  all  knew  that  two 
hundred  resolute  men  could  have  prevented  O'Reilly's  reach- 
ing New-Orleans,  although  that  Spanish  general  had  three 
thousand  men,  regulars  and  militia,  in  twenty-five  transports. 
To  feel  convinced  of  this,  it  is  enouiz-li  to  have  some  idea  of  the 
country.  It  is  easy  then  to  judge  of  the  eftects  of  O'lleilly's 
threats.  They  roused  the  resolute  to  action  ;  white  cockades 
were  worn ;  all  were  ready  to  march  ay  \st  the  enemy,  when 
M.  de  la  Freniere,*  attorney-general,  a  i   ..nber  of  the  S^'perior 

he  was  promoted  to  the  rank  of  brigadicr-gcnrral.  Mo  died  in  Xew-Orloans  on 
the  2.'>th  of  November,  1800,  and  was  buried  with  militarj'  honors  in  tiic  Cathedral 
of  that  city.     His  name  is  amonir  tiie  most  honored  in  liouisiana. 

In  person.  Colonel  Uoulijrny  was  rather  tall  and  sli;|ht,  with  a  noble  military 
bearintr,  easy  and  dignified  in  his  manners,  and  warm  in  liis  frieTidship. 
So  mild  and  conciliating  were  his  actions,  that  obedience  went  hand  and  hand 
with  his  command  ;  while  his  ardor  and  zeal  for  the  service  cf  his  country 
seemed  rather  to  seek  the  post  of  danger  than  to  avoid  it. 

*  iS'icholas  Chauvin  de  la  Freniere,  Attorney-tu-neral  of  Louisiana,  was  born 
in  the  same  year.  (1736,)  which  gave  birth  to  the  great  American  orator  and 
fitatesnian,   Patrick  Henry,  of  Virginia ;  and,  like  him,  ho  was  a  (riend  to  a 


'  H 


i 


'i' 


'U\, 


?  \i 


184 


IIIfTORICAL  MEMOIRS  OF  LOUISIANA. 


■^':^'%i- 


Council,  till  elofnu.'Ut  iiiaii,  in  whom  tlioy  hud  tho  greatest 
coiifitloiiee,  arrested  tliid  tide  by  an  address  in  .suUslaneo  as 
followri: 

"  FcUow-citi/.ens!  "When  you  came  to  j)rcisent  to  the  eouueil 
your  just  representatiou.s,  ^vhieh  his  majesty  authorized  in  the 
act  of  cession,  you  saw  mc  aitprove  your  patriotic  zeal,  and 

rpiiulilicnii  form  of  government  and  lilieral  instifu'ions.  Thcso  two  champions 
of  lilicrl y  f.iiiir  u[i(jri  fhr  NtaLff  of  action  togctlicr,  about  the  same  time,  and  both 
were  hijjiilv  j;ifl('d  for  their  cioiinencc. 

Tho  (lueMtion  of  taxing  America  liad  juHt  been  aj;itated  by  tlic  British  parHa- 
ment,  and  had  created  a  great  ileal  of  excitement  in  tlio  \orth  American 
colonies,  wiicn  Lafreniere  came  into  ollice.  'I'he  Btamp  act  was  passed 
in  January,  17(i5,  and  the  spirit  of  resistance  to  this  arbitrary  measure  flew  from 
Maine  to  (Jeorgia,  ami  found  a  response  in  the  bosoms  of  the  patriots  of  Ijouisi- 
ana.  'J'lio  ipiestiou  with  them  was  not,  liowcver,  whether  the  colony  of  Louisi- 
ana should  be  taxed,  but  whether  Frenchmen  could  be  transmuted  into  Spaniards 
without  their  consent,  and  ruled  witli  military  despotism.  In  the  discussion 
of  this  vital  ipiestion  to  their  iia()piuess  and  iiolilical  well-being,  the  attorney- 
general  took  sides  with  the  peoj)le,  and  resisted  the  Sjianish  occupation  of  the 
country.  From  this  moment  he  was  looked  upon  by  them  as  the  great  champion  of 
liberty  ;  and  iiis  conduct  throughout  the  struggle  for  independence  was  firm  and 
undaunted. 

Karly  in  the  year  1705,  a  general  meeting  of  inhabitants  and  planters  was 
convened  in  the  city  of  New-Orleans  for  tlie  purpose  of  discussing  the  subject 
of  their  distracted  condition,  and  sending  to  the  throne  of  France  their  united  ap- 
peal (or  royal  interposition  in  their  belialf. 

liafreniere  made  on  this  occasion  an  eloquent  speech  on  the  situation  of  the 
colony,  and  ofVered  a  resolution  to  supplicate  the  king,  which  waa  unanimously 
adopted  ;  and  Jean  Milhet,  of  New-Orleans,  was  selected  to  carry  the  petition  to 
the  foot  of  the  throne. 

Tho  minister  (l)e  Choiseul)  was  averse  to  the  petition,  and  artfully  prevented 
him  from  having  an  interview  with  tlie  king.  Milhet  returned  to  I^ouisiana,  and 
reported  the  unsuccessful  result  of  his  mission.  Still  the  colonists  continued  to 
flatter  themselves  with  the  hope  that  the  treaty  of  cession  would  not  be  carried 
into  execution,  and  Milhet  was  sent  again  to  France  with  the  same  result. 

Many  of  the  colonists  became  desperate  ;  and  began  to  manifest  their  opposi- 
tion to  llUoa,  who  still  declined  ai)ublic  recognition  of  his  authority  as  governor. 

Public  meetings  were  held  in  dilVerent  parts  of  tlie  province,  and  delegates 
were  appointed  to  meet  in  convention  in  New-Orleans.  This  convention  peti- 
tioned the  Superior  Council  to  direct  Ulloa  to  leave  the  province.  They  de- 
nounced him  a  disturber  of  the  public  peace,  and  he  was  ordered  to  depart  from 
the  colony  in  three  days'  time.  The  speech  delivered  by  Lafreniere  on  this 
occasion  is  a  mastt  ly  piece  of  eloquence  and  logical  argument.     "  In  it  there  is 


1 

■1   ' :  :':■' 

'.(■ 

1 

lIISTOIUCAL  MEMOIRS  OF  LOI'ISIAXA. 


185 


your  (lomands  were  s.-itisficd.  'J'lie  common  dt'slrc  Im,  T  am 
aware,  the  ratificalion  of  the  artielesul'tho  aet  of  cession,  ami  tho 
aceornplishiiient  of  the  unh-rH  ui'  our  wril-liclovrd  klwis:  now 
his  majesty  orders  the  transf'jr  of  tin;  colony  to  tlir  Sjianiards, 
and  ^r.  O'Keilly,  who  has  come  to  take  possession  in  the  name 
of  his  Catholic  majesty,  makes  yon,  on  his  lu'luilf.  the  most 


a  pasRafjp,"  nays  finyarn',  "  of  wliicli  Louisiana  may  wrli  lip  |irciii(l,  and  »(  wliich 
bIio  can  lioaHt,  aH  liaviiiir  lifi'ii  s|ic)k('ii  liy  onn  of  licr  iiiokI  fivorrd  |>alrii)ln." 

"In  pro|)orti()n,"'  said  lie,  "  to  the  rxtciit  liolli  (if  roniinrrrc  and  iiopiilation  iw 
the  Holidity  of  tlironcs  ;  lioth  arc  fed  liy  lilicriy  and  coiniMMiiion.  wliidi  arc  llir 
nnrKintf  inotltcrs  of  tlic  state,  of  which  the  Hpirit  of  inoiio|.oly  is  the  stc|iinothcr. 
Willmut  liltrrty  there  arc  but  frw  virlur.i.  I)cs|M)tisni  breeds  iiusillininiily,  anil 
dce|)cns  tlic  ahyss  of  vIcch.  Man  is  considernl  ns  sinniiiir  before  <iiid  only  be- 
cause he  retains  liis  free  will." 

To  a|ii)rcciate  this  bold  lantriiaj^'o,  it  nuisl  be  remembered  that  it  was  tho  out- 
pourings of  an  attorney-general  of  an  absolute  kinj;,  ami  was  intended  to  reach 
the  ears  of  the  (lc8|)otic  govcrinnent  of  I'rance.  After  the  ex|ini.><iiin  of  riloa, 
the  planters  and  merchants  put  forth  a  memorial  in  Jiistilication  of  the  revolution 
of  the  28th  of  October,  and  which,  it  is  said,  was  drawn  u|i  by  l.afrcnicrc  It 
repeats  in  substance  all  that  had  been  sai<l  by  Lafrenicre  in  his  >pccch  before  the 
council ;  and,  for  reference,  it  is  inserted  in  this  volume,  with  the  address  to  tho 
king.  With  the  Superior  Council's  address  to  the  king,  there  went  at  '.ho  same 
time  a  letter  from  Foucalt,  the  king's  commissary,  to  the  iJiikc  de  I'raslin,  in 
whicli  lie  justified,  in  guarded  language,  the  revolution  that  had  taken  place,  in 
which  he  said  of  I'lloa  :  "  Without  taking  possession  of  the  colony,  and  even 
without  exhibiting  his  credentials,  ho  arrogated  all  power  to  himself  He  was 
very  harsh  and  absolute,  refusing  to  listen  to  tho  rojirosentalions  of  the  colonists. 
He  showed,  without  the  least  hesitation  or  ocpiivocation,  an  iinphicabic  hatred 
for  the  French  nation,  and  marked  every  day  that  ho  passed  hero  with  acts  of 
inhumanity  and  despotism." 

Tlic  news  of  tho  revolution  in  Louisiana  soon  reached  Spain,  and  a  cabinet 
council  was  called,  to  determine  whether  Sjjain  should  retain  Louisiana  or  not. 
Tho  council  was  composed  of  the  Duke  of  Alba,  Don  .laimc  .Masone:?  do  Lima, 
Don  Juan  (iregoris  Munian,  Don  Miguel  de  Miizipz,  tho  Count  of  Aranda,  bar- 
ren do  Arriaga,  and  the  Marcjuis  do  I'iedras  Albas.  The  king  requested  that 
each  should  give  his  opinion  in  writing,  and  it  is  said  only  one  of  the  ministers 
was  of  opinion  that  Louisiana  should  be  returned  to  Franco.  Tho  king  approved 
of  tho  decision  of  the  majority  of  the  ministers,  and  he  ordered  force  to  bo  issued, 
if  necessary,  in  taking  possession  of  the  province.  I 

In  the  moan  time  tho  now  deputies,  St.  Lotto  and  Losassicr,  who  had  been  sent 
to  France  by  the  colonists  to  implore  the  crown,  succoodod  no  better  than  their 
predecessors,  and  the  revolutionary  tide  soon  began  to  ebb,  and  leave  stranded  on 


I 


h\ 


m 


180 


IFISTOUICAI.  MEMOIIIS  OF  LOUISIANA. 


autli<Milif;itril  |irornis('S,  if  yon  n'rcivc  liim  ])ro])('rly;  ninl  he 
llirt'iiti'ii-  io  it«'  I'tircc,  if  (»]»j)i.)S('il.  I  know  llial  jDiir  coiirago 
proiMpts  vmi  to  (losjiisf  llii'i'ats,  aiitl  tli;it  liis  anny  wmiM  .«)Oii 
yield  to  ymii-  ctrDi-tj^.  I  sec  yum'  patrintic  liearts  Itiirii  witli  a 
dosin.'  to  (lisjday  yoiu'  t'oura;,^*'  in  (liU'iiccDfydur  la-artlis;  but 
agaiii.>t  wli'iiii  will   you   liulit  ?     A^tiiiust  the  allies  vi'  your 


the  Kliorc  ilii'  ]i:itriiit«  of  I,oiiiKi,in.i  wlm  li.iil    I>iM>n  liornr  onward  liy  tlir  rxcito- 
liiclit  ,111(1  iiiiinii'illMrv  iiri>H|H'ct  uf  Miccess. 

Kciliu'r,!  Ill  till'  l.iMt  Mt;ij;iM)f  (lcH|iiiir,  the  |)  itrinlH  now  proponcil  to  ox  pel  Aultry, 
to  |,riicl  liiii  .\i'\v-(  )rl(M'iH  a  free  port,  mimI  to  luriii  ii  rcimlplic  ;  llir  cliicf  lobe 
Htylcd  "  I'ni'ti'or."  and  to  l>f  assi.slcd  hy  a  ('(Hiiicil  of  lorty,  t-lccU'd  liy  llic  people." 
" 'I'liiTi'  is  no  doulil,"  Hays  (layarri',  '•lliil  tlic  ci)loiii«ts  would  liiivi!  cajjorly 
ndoptrd  this  I'lirin  ol' t;ovfrnni(Mil  it"  it  had  iiccn  possiliir  at  llir  tinit- ;  for  it  must 
bi!  ri'Ciilli'cli'd  that,  from  the  rariirst  I'vistcnoo  ot°  the  colony,  ainioHt  all  its 
{(ovcrnorH  had  imil'orinly  L'orn[ilaincd  ol  llif  rrpulilican  Hpirit  of  the  coloniMtH," 

'J'iiUH  stood  niattofH  until  th«  ninrnini;  of  tin- 5J4th  of  July,  17(i!l,  when  tho 
colonists  were  thrown  into  coininotion  by  the  arrival  of  the  Spanish  Heet  at  tho 
l)ali/(!.  LalVeiiiere  called  on  Aultry,  and  infornied  him,  that  "h:i\in<r  full  confi- 
dence in  the  111  i;,'nanimily  of  O'Keilly,  he,  Mariiuis,  and  Milhet,  had  renolved  to 
go  down  the  river  aiul  present  their  hoinai:es  to  the  Spanish  (,'eneral,  and  to  as- 
sure him,  in  the  name  of  the  people,  of  their  Hiilimissioii."  'I'hey  were  received 
in  state  on  hoard  hi-s  flajf-HJiip,  O'Keilly  listened  to  their  address  with  courtesy 
and  attenliini,  and  returned  a  coneili  ilory  reply.  Jle  |)romised  that  all  former 
occurrences  should  he  forgotten  ;  that  to  ail  who  proved  themselves  ;rood  citi/.enst, 
and  yielded  a  jiriiper  obedience  ti  the  Spanish  authority,  all  former  .acts  should 
be  buried  in  oblivion,  and  all  olfences  should  be  foryiven  to  those  who  relumed  to 
tiieir  duty.  On  the  ISth  of  Auijust  the  whole  lleet  reached  the  city,  and  in  the 
presence  of  a  larj^e  assemblajre  of  citi/.ens,  and  before  the  troops  of  both  jiowers, 
the  pul'licr  ceremony  of  deliverinij  up  the  province  to  the  Spanish  governor  was 
perfoimed.  .\lihoui,'h  O'Reilly  had  promised  to  pardon  all  who  submitted  ipiietiy 
to  his  aiilliiirily.  he  had  nevertheless  resolved  in  his  own  mind  to  punish  the 
cliiefs  of  the  rexolution.  Without  loss  of  time  lie  invited  to  Iiis  house,  under 
dilferent  pretexts,  nine  of  the  leaders  of  the  revolution,  and  had  three  othcra 
arrested  in  the  town-hall. 

.After  readiiii;  totheni  thcorder.s  of  his  Catholic  majesty,  he  had  thcin .irrcstcd 
in  the  name  nf  the  kini;;,  and  put  them  u[)ou  their  trial. 

"  It  is  iiii|)ossible,"  says  (iayarre,  "  to  de.scribe  the  terror  which  the  arrest  of 
these  men  and  the  de.-ith  of  Villere  scattered  far  and  wide.  They  were  so  much 
identifieil  with  the  whole  ])opulation,  their  family  connections  so  extensive,  that 
the  inisfortiiiie  which  had  befallen  them  could  not  but  produce  a  general  desola- 
tion." 

They  pleaded  against  the  jurisdiction  of  the  court,  and  declined  to  be  tried  by 


't.  I 


UISTOIUCAL  MKM0IU3  OF  LOUI.'^IAXA. 


1S7 


prince,  aiul  nsainsl  a  numarcli  who  assures  you  of  liis  good* 
will.  Aii'l  who,  iiiilcfij,  is  thrre  amon^  yon,  who  would  I'X- 
portc  liis  lUinily  to  the  sad  sim|iicI  of  the  events  nla  war,  when 
there  is  any  other  step  lel't,  iiiiu  to  take?  I»e.-. >hite  widows, 
orphans  jihandoued  to  puhlie  eliarity,  lamilie.-;  de>ti'oyed  ! 
Uelievo  me,  eiti/ens!  Let  these  evils  touch  and  enliuiiten 
vou.  '  AVo  will  siidc,'  V(ju  erv,  'liiuieath  the  ruins  d' our  eoun- 
try,  neu'  bend  to  ti  y<»I<e  that  exposes  us  to  shivery.' 

"  Sueh  are  the  words  which  aninio.-ify  has  a  tliousand  tiini'S 
insoired.  But  what  aroused  it?  The  horror  vou  hatl  eon- 
ceiv(!d  at  Ulloa's  conduct. 


:i! 


till!  I;i\vs  of  Simiii,  wliicli  Ii.nl  iii>t  licni  cvti'iidi'il  over  tlir  jiroviiico  al  tlio  timr  of 
tlie  all(';,'i."(l  iiisiirrcclioii.  'I'licy  chiimcil  to  Ikivc  Immmi  the  sulijccls  ol  llu'  Iviiii;  of 
Franci',  and  their  arts  had  liccri  in  acconlaiicc  with  their  allfyiaiici'  and  duty  to 
till'  l\inn  of  Trance  :  they  owed  no  aiieyianee  to  the  Kini,'  of  Spain  until  S|i  inish 
autliority  had  l)een  proelaiun-d,  and  the  Spanish  tlai,'  and  laws  ihdy  hujierscded 
those  of  France;  that  tlie  acts  ehari^ed  cmdil  not  constitute  an  oU'ence  ai;ain«t 
the  S|)aniMh  laws,  while  lliose  of  I'rance  retained  their  enipire  over  llie  province  ; 
tliat  I'Moa  liad  never  inach'  known  Iiis  autimrity  ;  tlial  O'Keiily  could  not  ex[iect 
obedience  (roni  the  ppo[de  until  In-  had  made  known  to  them  his  character  ami 
powers,  and  that  no  act  was  ehari;eil  ai,'ainsi  them  after  this  ijianileslalion  ol  his 
authority.  'J'he  plea  was  sustained  relative  to  several  who  had  lieen  i>irn'i'rs  under 
the  Trench  ijovernment,  hut  was  overruled  in  relation  to  I.afreniere  and  his  com- 
patriots. The  court  found  them  ijuilty,  and  sentenced  them  to  lie  cvccuteil  on 
tlio  'i'nh  of  October,  ITd!).  ()i\  the  alternonn  of  that  day  they  wen'  marched  into 
th(!y;'rd  frontinir  the  barracks,  and  shot  by  a  fde  of  Spanish  c,'renadiers 

Thus  terminated  the  inhuman  tragedy,  which  in  one  short  monu-nt  consecrated 
tiio  blood  of  the  lirst  martyrs  to  liberty  on  the  continent  of  North  Anu-rica. 

The  martyrdom  of  I.afreniere  was  a  serious  blow  to  the  cause  of  liberty  in 
Louisiana.  The  welfare  of  his  ccnnilry  was  ever  dear  to  him,  and  he  was  always 
ready  to  make  any  sacrifices  for  its  liappiness.  Ho  liad  ever  ni.mifested  an 
attachment  to  a  republican  form  of  ifovernment,  and  had  always  supjmrled  those 
nwMi  and  those  measures  which  he  believed  most  friendly  to  rc|)\ihlican  |irincijilc:'. 
His  eloquence  was  rich  ami  copious,  lofty  and  dignified,  and  his  mind  was  stored 
with  till-  treasures  of  ancient  and  modern  lore.  .\s  an  orator  ami  sl.itesman,  lie 
was  fitteil  for  the  manajjeinent  of  the  wciijhtiest  concerns  ;  and  as  an  advocate, 
he  was  profoundly  versed  in  Roman,  French,  and  Spanish  law. 

Ill  his  manners  he  was  courteous  and  elei;aiit,  alliible  and  warm,  dii^nified  and 
modest,  unitinij  the  attainments  of  a  scholar  with  the  deportment  of  a  gentlemin. 
As  a  patriot  and  legislator  of  tried  intcijrity,  he  was  the  idol  of  his  countrymen. 


r 
t 


'I 


1 


183 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


,*fp' 


!•! 


\' 


ir 


|5 

Hi 


"  But,  liere  is  a  general  officer,  of  whose  reputation  you  arc 
not  ignorant,  an  Irishman  by  birth,  who  has  attained  the  rank 
of  lieutenant-general  only  by  his  services  in  the  French 
armies;  he  solemnly  promises  3'ou  the  good-will  of  his 
sovereign,  if  possession  is  given  freely.  AVould  you  excite 
the  anger  of  this  monarch  by  conduct  at  variance  'i  Ih  duty, 
reason  and  common  sense? 

"  Another  motive,  too,  should  stifle  all  resentment.  France 
has  just  beheld  with  emotion  your  patriotic  eflbrts ;  all  Europe, 
admiring  your  firmness,  iias  beheld  with  surprise  your  wise, 
and  moderate  conduct ;  all  eyes  arc  now  upon  you.  Will  you, 
in  a  moment  of  excitement  and  impetuosity,  tarnish  the  glory 
you  have  won?  Hitherto  they  have  beheld  in  you  Frenchmen 
attached  to  their  prince,  burning  with  a  desire  to  remain  under 
his  sway  ;  even  the  Spaniard  could  not  without  injustice  regard 
you  otherwise.  But  now,  when  the  king's  o  ilers  require  us  to 
receive  a  new  regime  ;  now  that  the  Si^aniarc,  are  come  to  take 
authentic  jDOSscssion,  and  destroy,  by  a  cone  'ct  far  different 
from  inioa's,  the  prejudices  which  you  have  c  aeeived  against 
the  Spanish  government,  why  oppose  their  e;  ranee  ?  When 
criminal  in  the  eyes  of  the  world,  regarded  r  rebels  and  sedi- 
tious men,  all  will,  unmoved,  '•^ehold  the  m  t  frightful  evils 
overwhelm  you ;  and  yo".i .. Juos,  which  you  %,  v.  Id  fain  mingle 
with  the  land  of  France,  will  not  be  bedewed  by  the  tears  of 
the  noble-hearted  Frenchmen,  whose  sympathy  you  excite. 

"  Do  not,  fellow-citizens,  belie  the  favorable  opinion  con- 
ceived of  your  moderation.  Let  all  France,  seeing  us  obey  the 
orders  of  our  king,  cry  out  in  transports, — '  Distance  does  not 
change  a  Frenchman's  heart ;  the  immense  space  of  ocean  can- 
not weaken  the  attachment  they  have  for  the  king,  and  the 
respect  they  owe  his  orders,'  State  interest  requires  us  to  be 
Spaniards.     To  lose  the  honorable  title  of  Frenchmen,  to  re- 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


189 


nounce  our  native  land,  is  a  sacrifice  which  France  now 
requires  of  us,  and  for  which  noble  hearts  will  aj>plaud  us. 
We  may  anticipate  all  from  a  beneficent  prince,  of  the  same 
blood  as  our  own  king ;  let  us  listen  to  the  promises  of  his  re- 
presentative, and  endeavor  to  deserve  their  execution  by  a 
submissive  and  respectful  conduct." 

Ilerc,  Lafrenicre  ceased  to  speak.  The  deepest  silence 
prevailed  while  he  spoke,  but  soon  a  general  murmur  arose 
amid  the  assembly.  Such  as  a  storm  brings  on,  opposing 
minds  produce — a  sullen  noise  that  leaves  the  traveler  in  doubt 
as  to  the  future.  Thus  varied  opinions  produced  a  hum  in  the 
assembly,  in  which  it  was  impossible  to  say  what  advice  would 
prevail.  The  majority,  however,  convinced  by  reason  and  the 
words  of  Lafreniere,  pronounced  with  that  fire  and  persua- 
sive air  which  graced  every  syllable,  leaned  to  moderation. 
Then  the  attorney-general  resumed,  and  soon  he  alone  was 
heard. 

"  My  noble  fellow-citizens !  I  see  with  the  greatest  satisfaction 
the  effect  produced  on  your  hearts  by  the  representations 
which  my  love  for  you  has  dictated,  and  my  zeal  for  your 
interests  inspired.  The  same  sentiments  animate  and  enlighten 
me;  hear  Avhat  they  inspire.  One  single  dilliculty  keeps 
some  in  suspense ;  they  fear  the  anger  of  the  Spanish  king  for 
the  expulsion  of  Ulloa,  and  behold  in  O'Eeilly  the  instrument 
not  of  his  goodness,  but  of  his  vengeance. 

*'  xVway  with  such  a  fear!  The  general's  word  should  dispel 
this;  and,  were  it  well  founded,  we  cannot  appease  him  by 
meeting  hi  in  in  arms.  On  the  contrary,  let  us  show  him  all 
the  submission  and  respect  we  owe  his  master.  Do  not  wait 
for  him  to  come  and  receive  the  solemn  oath  ;  let  us  bear  it  to 
him ;  let  us  depute  some  one  of  our  citizens,  and  let  O'Eeilly 


-I 


'lHdUM«MSAiiUM..tfJS., 


100 


ii 


it 


\i:,' 


mt 

1, 

1 

l! 
9' 

Si  ■ 

1/ 

HISTORICAL  MEMOIRS  OF  LOUISIANA. 


conduct 


judge  wliat  Ulloa  would  have  met,  had 
formablc  to  justice,  reason  and  duty. 

"I  offer  to  go  alone  and  bear  your  homage  and  your  oath. 
If  Spanish  vengeance  has  marked  out  any  head,  it  is  mine.  I 
first  raised  my  voice  against  an  unjust  and  usurping  man.  I 
will  go  and  ofter  the  Spaniards  this  head,  whose  s;  orifice  will 
cost  me  little,  esjoecially  if  at  that  price  I  can  procure  the  hap- 
piness and  tranquillity  of  my  fellow-citizens." 

This  address,  where  patriotism  was  upheld  by  enthusiasm, 
made,  as  wc  may  expect,  a  deep  impression.  All  hastened  to 
show  Lafrenierc  the  public  gratitude,  and  every  one  wished 
to  meet  the  danger,  if  any,  and  share  it  with  him. 

Ilis  friends  wished  to  divert  him  from  an  apparcntl}''  rash 
step.  The  Spaniards,  they  knew,  undoubtedly  considered 
LalVeuierc  as  the  cause  of  Ulloa's  cxj^ulsion ;  if  their  anger  con- 
tinued, could  they  pardon  him  ?  The  representations  of  his 
friends,  the  tears  of  his  wife,  nothing  could  retain  him.  All 
felt  the  risk  he  ran,  but  in  spite  of  that  they  had  a  kind  of  con- 
fidence in  O'Reilly's  promises. 

Let  us  here  draw  Lafreniere's  portrait.  The  part  he  has 
played  in  the  course  of  these  events  will  give  more  interest  to 
what  I  have  to  say  of  this  extraordinar}-  man.  I  shall  describe 
him  from  the  accounts  of  his  countrvmen. 

M.  Lafrcniere,    of  Canadian    oriuin,  was  born  in  Louisi- 

7  O  7 

ana,  and  son  of  a  councilor  in  the  Supreme  Council,  lie  had 
been  educated  in  France,  where  he  followed  his  father's  pro- 
fession. Ilcturning  to  Louisiana  he  was  employed  in  the 
council,  and  rose  to  the  rank  of  attorney-general,  at  an  age 
when  most  men  are  commencing  the  profession  he  had  em- 
braced. In  this  position  he  assumed  a  prominent  part  in  colo- 
nial afi'airs.  He  possessed  a  lively  imagination,  and  all  the 
ardor  and  intrepidity  which  lead  to  great  deeds. 


HISTORICAL  MEMOIllS  OF  LOUISL\_N*A. 


101 


Speaking  with  that  assurance  which  a  manly  ami  nervous 
eloquence  inspires,  and  wliich  couinianilc  all  hearts,  lie  com- 
bined with  this  advantage  a  noble  figure,  a  majestic  port,  an 
open  countenance  and  an  elevated  stature.  To  jniinl  a  warrior, 
you  might  have  taken  the  towering  form,  the  manly  bearing, 
the  fiery  eye,  the  dark  and  masculine  complexion  of  Lafre- 
niere  for  a  model. 

To  these  exterior  advantages  he  joined  a  great  fund  of  gene- 
rosity and  sensiljility ;  he  was  charitable,  liberal  to  prodigality, 
a  zealous  patriot,  ostentatious,  giving  dignity  to  all  he  did,  popu- 
lar, aifablc  and  good.  lie  owed  all  these  qualities  to  nature, 
but  not  his  faults.  lie  woukl  have  been  the  wonder  of  his  age, 
if  the  vivacity  of  his  character  and  the  lire  of  his  inuiginatiou 
had  been  tempered  at  an  age  when  it  is  so  necessary  to  check 
them.  lie  would,  perhaps,  have  been  the  admiration  of 
Europe,  if  his  superior  talents  had  been  better  directed,  and  an 
immoderate  self  love  not  tarnished  their  lustre.  To  tliis  defect, 
perhaps,  so  hardly  ])ardoned,  Lafreniere  owed  the  host  of 
enemies  whom  we  shall  see  rushing  on  him  :  ])(  ihaps,  too, 
it  is  part  of  the  fatality  incident  to  merit,  to  be  aUva\s  the  ob- 
ject of  jealousy  and  critieisni.  Yet,  it  is  conee(k'd  that  most 
of  those  who  deposed  against  this  great  man,  had  been  loaded 
by  him  with  favors,  and  owed  him  life  and  property. 

But  let  us  return  to  the  deputation  of  the  colonists."  La- 
freniere, in  spite  of  all  that  could  be  said  to  him,  went  to  meet 
O'Heilly,  accompanied  by  a  planter  and  a  merchant.  The 
general  received  them  Avith  marks  of  the  greatest  good-will  i 
he  seemed  flattered  by  the  ste]),  and  in  their  presence  repeated 
the  promises  made  to  Aubry.  lie  prayed  those  gentlemen  to 
assure  the  colonists  of  his  desire  to  contribute  to  their  happi- 
ness and  repose.  Bidding  adieu  to  Lafreniere,  as  the  latter 
*  This  deputation  consisted  of  Lafreniere,  Marquis  and  Millict. 


m 


192 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


m 


took  liirf  leave,  lie  said:  "Your  coiuluct  has  been  misrepre- 
sented at  Madrid,  l)ut  at  a  distance  objects  take  a  dillerent 
form  ii'uiii  what  they  really  have.  I  sec  that  you  have  done 
your  duty  ;  rest  assured  that  nothing  will  ha])pen  to  you.  I 
wished  to  be  your  friend."  And  so  saying,  he  grasped  his 
hand. 

The  deputies  scarcely  knew  how  to  reply  to  such  warm 
greetings,  so  astonished  and  delighted  were  they.  They 
hasted  back  to  reassure  their  families,  wdio  had  meanwhile 
been  in  the  greatest  alarm.  The  aecountof  their  reception  by 
the  general  was  the  subject  of  public  admiration,  and  the  city 
soon  echoed  with  praises  of  O'.Heilh';  and  his  conduct  to  the 
planters,  during  three  weeks  which  he  spent  in  the  river, 
increased  the  esteem  of  all  for  him. 

Some  sensible  men,  however,  saw  through  this  deceptive 
exterior,  'i'liey  felt  that  his  politeness  to  Lafreniero  was 
only  a  lure  to  draw  into  his  nets  the  men  on  Avhoni  Spanish 
anger  was  io  fall,  f  >r  no  one  believed  that  Lafreniere  would 
fall  alone.  They  did  not  believe  that,  merely  to  take  jiosses- 
sion  of  the  province  of  Louisiana,  Spain  would  have  sent  a 
lieutenant-general  and  3,000  men.  All  this  preparation  denoted 
something  less  paeilic  than  was  pretended.  "  O'lleilly,"  said 
they,  "is  too  politic  to  arrest  ]^afreniere  before  establishing 
his  authority ;  that  would  be  revealing  his  design,  lie  wishes 
victims  at  any  price,  and  then  the  others  would  have  escaped ; 
for  that  act  of  severity  would  have  exposed  him  to  the  risk  of 
seeing  all  the  colonists  take  refuge  on  English  soil." 

These  rellections  struck  some.  In  vain  they  tried  to  con- 
vince Lafrenit^rc  that  O'Eeilly's  favorable  reception  was 
but  a  dangcM'ous  snare.  They  reminded  him  of  all  that  they 
had  suffered  from  Ulloa.  A  hundred  historical  incidents  were 
cited  confirming  the  truth  of  the  character  imputed  to  the 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


193 


Spaniards.  They  cited  him  examples  where  promises  in  the 
name  of  their  kings  had  not  held  good  against  their  resent- 
ment, and  where  on  all  occasions  an  alluring  exterior  had  pre- 
pared the  vengeance  they  premeditated.  But  they  never  could 
make  the  colonists  believe  that  duplicity  and  knavery  could 
be  carried  to  that  point,  and  the  words  "  M.  de  la  Freni^re — 
my//-ie?j(/," — rose  to  his  mind  whenever  they  tried  to  open 
his  eyes ;  they  showed  him  the  horrors  to  which  he  exposed 
his  family,  already  branded  by  the  Spaniards  for  its  hostility 
to  Ulloa's  unjust  plans.  In  vain  his  relatives  urged  him 
to  pass  over  to  the  Englisk  territory,  as  O'Reilly's  stay  in  the 
river  gave  every  opportunity  for  emigration,  but  nothing 
could  shake  the  constant  firmness  of  the  attorney-general.  He 
would  have  deemed  it  a  dishonor  to  save  his  life  by  flight, 
especially  as  his  conduct  furnished  nothing  to  create  the 
danger  with  which  they  Avished  to  alarm  him.  General 
O'Reilly's  promises  made  the  colonists  feel  secure.  At  least 
it  stopped  the  emigration  of  many,  who,  though  conscious  of 
innocence,  felt  nevertheless  that  the  most  prudent  course  was  to 
avoid  the  resentment  of  a  nation  which  deemed  itself  offended 
and  never  could  pardon.  But,  in  spite  of  that,  a  certain 
homage  rendered  to  the  human  heart  by  virtuous  souls 
banished  the  idea  of  so  atrocious  and  infamous  a  piece  of 
knavery  as  that  which  we  shall  see  tarnishing  the  name  of 
O'Reilly. 
On  the  17th  of  August,  1769,  O'Reilly*  appeared  before  New- 


1 1. 


*  Don  Alexander  C'Reilly,  the  first  Spanish  Governor  of  Louisiana,  was 
born  in  Ireland,  about  the  year  1735.  He  entered  the  Spanish  army  at  an  early 
age,  and  served  with  distinction  in  Italy,  where  he  received  a  wound  which 
lamed  him  for  the  remainder  of  his  life. 

In  1755,  he  obtained  permission  from  the  king  to  enter  the  Austrian  army, 
and  made  two  campaigns  against  the  Prussians.  In  seventeen  hundred  and  fifty- 
nine  he  volunteered  in  the  army  of  France,  in  which  he  distincruished  himself,  and 
wae  warmly  recommended  by  the  Duke  de  Broglie  to  the  King  of  Spain,  who 

13 


m 


19:t 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


:•    i 


111 


Orleans  witli  Lis  wliolo  fleot ;  his  intention  was  to  enter  it  as  a 
conquered  eity,  witli  (Irums  beatin;f,  and  matches  lighted  ;  but, 
on  Aubry's  representation,  he  consented  to  act  more  con- 
siderately. AVlien  Aubry  sjpoke  of  Ulloa's  expulsion,  O'lieilly 
cut  him  short,  saying :  "  The  sponge  has  passed  pver  that ;  all 
is  forgotten  ;  let  ns  speak  no  more  of  it."  In  the  first  moments 
he  constantly  afleeted  to  use  similar  language.  The  next  day, 
the  b^tli,  possession  was  taken  with  all  the  usual  pomp  and 

proDiotpil  liiin  to  fho  rank  of  lioutrnant-coloiirl,  and  as  such  ho  served  with  dis- 
tinction in  tiio  war  hctwcpii  S|)ain  and  I'ortujfal.  He  was  at'tcrwards  ])roniotcJ 
to  tho  raniv  of  l)rii;adicr-ifcncral,  and  on  tho  t^jjiifiusion  of  the  peace  of  seven- 
teen hundred  and  sixty-two,  lie  was  raised  to  tlio  rank  of  major-general,  in 
which  eapaeily  he  was  sent  to  Havana  to  rebuiiil  tlic  fortifications  of  tliat  city 
which  had  heen  destroyed  hy  the  i;ni.'lish. 

Atler  the  expulsion  of  I'lloa  from  Louisiana,  the  kinjr,  apprehending  much  re- 
sistance from  the  eolonisls.jirepared  a  foniiid;il)le  expedition  au'ainst  that  jirovince, 
and  ir;ive  the  t'ommand  of  it  to  U'lUilly,  whom  he  appt^inted  governor  and  captain- 
general  of  the  province. 

He  arrived  at  the  mouth  of  the  Mississii)pi  with  his  fleet  on  tlie  2lth  of  July, 
170'J  On  thesame<lay  he  dispatched  his  aid  to  Auliry.  the  French  governor,  to 
announce  his  arrival,  and  notify  him  that  he  was  duly  authorized  to  receive  for- 
mal possession  of  Louisiana.  .\t  the  same  time  he  e.xpre.ssed  a  di'sire  to  main- 
lain  a  good  nnderstandinii  between  ihe  authorities  of  Spain  and  the  colonists,  but 
that  he  should  put  down  all  opposition  and  extend  the  jurisdiction  of  his  sover- 
eign over  the  province. 

On  the  2711).  the  citizens  of  Xew-Oileans  sent  delcgatc.i  to  O'Reilly  to  im- 
plore his  clemeni'y,  and  on  the  next  day  they  returned  to  the  city  with  assurances 
from  the  governor  that  he  sliould  be  disposed  to  be  lenient. 

On  the  17th  of  August  the  Spanish  armament  reached  the  city,  and  on  the  ISth 
Aubry  surrendered  the  province  to  (llteilly.  The  governor  entered  upon  the 
duties  of  his  ollice  witli  every  outward  respect  for  all  classes  of  citizens.  But, 
althoui'h  he  promised  pardon  to  all  who  ipiietly  submitted,  lie  had  resolved 
in  his  mind  to  punish  the  princi]ial  a>.'itators  of  the  late  revolution.  'I'liis  deter- 
mination was  artfully  concealed  until  he  had  procured  from  Aubry  a  full  report 
of  that  event,  with  the  names  of  the  principal  actors. 

"ll  is  very  essential,"  said  O'Reilly,  "that  I  shoidd  know  who  is  the  person 
who  wrote  and  circulated  the  documents  entitled,  '  Decree  of /he  Cv7i>ictl,'  und 
a  '  Mimorinl  of  the  Inhfiliif/ints  of  Louisi'ina  en  the  event  of  the  29//i  of  October, 
17l)"J,"  because  all  the  articles  of  said  documents  claim  my  special  attention.  I 
shall  put  entire  faith  in  y<uir  revelations,  and  I  again  beg  you  not  to  omit  any 
circumstance  relative  to  men  and  things  in  what  concerns  said  revolution."  On 
recciviuL'  Aubry's  communication  he  immediately  made  up  his  mind  how  to  act. 


•it 


HISTORICAL  MinrolHS  OF  LOUISIANA, 


195 


ceremony,  and  at  tlio  same  instant  Anbry,  hy  virtno  of  his 
powers  from  the  Frcncli  king,  absi^lvcil  the  colonists  from  their 
oath  of  alk'piance  to  him.  Dui'inL;-  tlic  week  and  tlie  following 
one,  O'Jieilly  received  the  free  oath  of  all  who  chose  to  become 
Spaniards. 

Hitherto  nothing  had  shown  the  knavish  jtlots  ascribed 
to  O'lteilly.  Could  he  arrest  and  punish  men  whose  innocence 
be  proclaimed  every  time  he  receive<l  an  oath  of  allegiance? 

On  the  iir\t  d.iy,  tlio  "Ist,  lie  roiiiiiiiiiuc.iti'il  to  Aiiliry  tlip  orders  of  liis  Cilholic 
niajrsty  to  arrest  and  brinj,'  to  trial,  in  aeeordanee  witli  the  laws  of  ,S|>aiii,  the 
cliiefs  ol'the  revolution.  I'luler various  [irele\ts,  ( J'lteilly  drew  to  iiis  hiuise  nine 
of  tlie  eliiefs  wliieli  Iiad  lieen  named  liy  Auliry  in  liis  dispatch,  and  had  three 
Others  arrt*sted  in  llio  city-hall.  After  readiiia  to  them  the  orders  ol  his  Catholic 
majesty,  he  had  tliein  arrested  in  the  kini^f's  nanii-,  ami  put  them  upon  their  trial 
for  liijzli  treason. 

On  the  ":{d,  he  issued  a  |>roclaniation  invilinc^r  the  colonists  to  n])|)ear  hefore 
liini  on  the  •^(itli,  to  take  thr  oath  of  .dlej^iauee  to  his  Catholic  ni.ijesiy. 

The  victims  of  his  cruelly  enjoyed  iiut  a  short  res|)ite  between  conviction  and 
the  execution  of  their  sentence.  O'Keilly  remained  ine\oraI)le  to  the  earnest 
ontreaties  of  tlie  inhahitaiits,  to  suspend  the  .senten<'e  of  death  until  the  royal 
clemency  could  he  iioiilorcd. 

He  now  proceeded  to  aliolish  the  laws  of  France,  and  sulislitiile  those  of 
Spain.  On  the  'Jlst  of  November,  he  issued  his  proclamatio.i  for  the  almlilion 
of  the  Sujierior  Council,  which  he  r.lle;:eil  had  heen  deeply  iniplie  tied  in  the  fjf- 
iner  treasonable  movements  nirainst  Spanish  authority. 

In  place  of  the  Superior  Council  he  established  the  Cabildo,  which  was  a  hii,'li 
court  and  a  lo'.nslative  council,  at  w  hich  the  Governor  presided.  In  its  judicial 
t'apacity,  it  exercised  only  apix'llalc  jurisdiction,  in  appeals  carried  up  from  the 
Alcalde  courts. 

He  ordered  a  set  of  instructions  to  be  preprtred  forthe  regulation  and  proceed- 
ings in  civil  and  criminal  cases,  to  be  conducted  in  the  courts  a^jreeably  to  the 
/(iivs  and  iisf'^is  of  Castile  nitd  Ike  In'lioi.  A  connuandant,  with  the  raidv  of 
■captain,  was  appointed  for  each  parish,  with  authority  to  e.xeri-ise  a  mi.\ed,  civil 
and  military  jurisdiction. 

The  Spanish  lantruage  was  hencef)rth  made  the  tongue  in  which  the  judi- 
cial records  throughout  the  pro\ince  were  kept  and  the  jjroeeedinjjs  conducted. 
TliC  Sptliii/^k  iiii/linrili/  and  /f'l'-s  lare  m/w  sii}islilu!rit  forthe  FiChch  laws  and 
cusloms.  'I'he  black  code  {rode  ndr)  which  had  been  previously  in  use  in  the 
colony,  was  modilied  and  re-enacted,  for  the  protection  arid  goveniiiient  of  the 
slaves.  Foreigners  were  prohibitecl  from  jiassing  through  the  province  without 
passports  from  the  governor,  and  the  colonists  were  prevented  from  trading  with 


m 


'M 


19G 


IIlSToniCAL  MEMOIRS  OF  LOUISIANA. 


'«!  il 


These  renoctions  increased  the  feeling  of  security  in  those 
who  were  warned  of  j)risons  and  punishment.  Yet,  on  the  21st 
of  Augurit,  O'Reilly  arrested,  as  state  prisoners,  de  la  Frenitirc, 
the  attorney-general ;  Do  Mazan,  a  captain  in  the  French  service, 
a  knight  of  St.  Louis,  of  a  very  ancient  provin(;al  house;  Le 
Manpii.s,  also  a  knight  of  St.  Louis,  commai  Jing  the  troops  of 
the  Swiss  regiment  of  Aleve;  Ilardy  de  Boisblanc,  a  councilor; 
Caresse;  the  two  Milliets,  father  and  son;  Poupet,  the  elder,  and 
Petit,  merchants;  Brand,*  the  king's  printer;  Doucet,  a  lawyer, 

the  American  colonics.  Many  of  tlic  local  regulations  and  ordinances  were  par- 
ticularly oj)pressivc.  The  colonists  were  at  first  permitted  to  emigrate,  and  many 
availed  themselves  of  this  priviiejre.  O'Reilly  finding,  however,  that  the  province 
was  losing  many  of  its  valual>lc  citizens,  he  annulled  this  privilege,  and  refused  to 
issue  any  more  passports.  The  province  was  soon,  however,  relieved  from  fur- 
ther anxiety  of  O'Reilly's  vengeance,  and  at  the  end  of  a  year  he  was  superseded 
hy  Don  .\ntonio  Maria  Uucarelly,  as  Captain-General  of  Louisiana. 

O'Reilly  now  returned  to  S])ain.  Although  he  e.xcited  jealousies  and  an- 
tipathies by  the  course  he  adopted  while  in  Louisiana,  yet  within  a  few  years 
documents  have  come  to  light  which  go  to  prove  not  only  his  original  powers, 
but  the  approbation  of  the  Court  of  Spain  of  all  his  proceedings.  (See  Appendix.) 
It  appears  by  these  tlic  king  ordered  him  to  proceed  to  Louisiana,  take  formal 
posse.s.>iioii,  chastise  the  ringleaders,  and  annex  the  province  to  his  dominions. 
He  proceeds  to  ratify  and  confirm  all  that  had  been  done  by  O'Reilly,  and  that  as 
relates  to  the  administration  of  justice,  a  special  tribunal  was  to  be  created,  to 
which  all  apj)eals  were  to  go,  and  from  it  to  the  council  at  Seville.  O'Reilly 
made  a  detailed  report  of  his  proceedings  to  his  government,  which  has  never 
been  made  public  in  exlensn,  but  which  was  approved  of  by  the  council  and 
chamber  of  the  Indies,  to  whom  it  was  referred. 

In  1774,  he  was  placed  in  conmiand  of  the  great  expedition  which  was  [sent 
against  Algiers.  The  unfortunate  result  of  this  expedition  rather  lowered  him 
in  the  estimation  of  the  Spanish  nation,  although  the  king  remained  true  to  him. 
He  was  afterwards  appointed  Governor  of  Cadiz,  where  he  exhibited  all  the 
talents  of  a  great  administrator.  He  fell  into  disfavor  on  the  death  of  Charles 
III.  Subsequently  he  was  ap|)ointcd  to  the  command  of  the  army  of  the  Pyrenees, 
and  while  on  his  way  to  join  it,  he  died  suddenly,  at  an  advanced  age.  Some  of  his 
descendiMits  now  reside  in  Cuba.  "  O'Reilly,"  says  MichauJ,  "  had  always  been 
an  oliject  of  malignant  envy,  and  had  many  enemies,  whom  the  flexibility  of  his 
temper,  and  the  soft  influence  of  his  conciliating  manners,  could  not  reconcile  to 
his  advancement  in  a  nation  proverbially  proud  and  sus[)icious  of  foreigners.'' 

*  Braud  was  arrested  for  having  printed  the  memorinl  of  the  planters,  &c.,  on 
the  event  of  the  29th  of  October,  1768.     He  pleaded  in  justification,  that  as 


'sent 
him 

him. 
the 
larlcs 

nccs, 
of  his 

been 
of  his 

ilc  to 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


107 


and  Villerc',  captain  in  the  niilitiii.  'JMic  last  was  on  the  point  of 
passing  to  the  English  side  Avitli  all  his  property,  Avhen  ji  letter 
from  Anbry  enjoined  him  to  re})air  ti:)  the  capital  to  confer 
with  O'Jieilly,  and  j)ledged  his  honor  that  nothing  should  be 
done  to  him.  Viliere  hesitated,  but  on  the  word  of  honor  of  a 
French  commander,  his  desire  of  displaying  his  obedience  to 
the  last  triumphed  over  his  well-founded  conviction  of  the 
S])anish  governor's  knavery.  lie  came  to  the  city,  was  in- 
stantly arrested  and  led  on  board  a  frigate.  "  Traitors,"  he 
cried,  "you  durst  not  declare  your  oilious  {n'ojeets.  If  you 
liave  the  courage  you  parade  so  vauntingly,  give  me  my 
liberty,  let  mo  choose  two  hundred  of  my  countrymen,  turn 
your  three  thousand  on  us,  and  if  a  single  Spaniard  escapes, 
call  us  infamous"  cowards;  but  you  deceive  yourselves  if  you 
hope  to  feast  your  cruel  and  savage  eyes  on  the  spectacle 
of  my  death — Viliere  was  not  made  to  die  on  a  scanbld." 
With  these  words  he  tried  to  break  through  the  guard,  but  the 
officer  stopped  him  and  gave  him  a  kick  in  the  stomach,  which 
stretched  him  senseless  on  the  ground,  while  a  soldier  gave  him 
a  bayonet  thrust  in  the  thigh.  He  fell,  foaming  with  rage  and 
fury.  In  this  frightful  state  he  lay  three  days,  and  died  in 
despair  at  being  baffled  in  his  revenge. 

None  could  be  braver  than  Yillere*.  Canadian  by  origin, 
he  had  all,  valor,  fortitude  and  freedom  of  mind;  violent  and 
fiery,  but  frank,  loyal  and  firm  in  his  resolves.  lie  was  of 
good  size,  well  made,  his  step  firm,  his  look  bold  and  martial. 


to   his  king   rather  a  phrensy  than  a  fmnn  of 
onist 


liis  devotion 

patriotism.     Had  all  the  colonists  thought  as  he  did ;  had  they 


king's  printer,  lie  was  bound  to  print  all  thnt  was  sent  to  him  by  the  king's  com- 
missary, ami  he  showed  Foueault's  signature,  at  the  bottom  of  the  manuscript 
which  he  had  published.     This  defence  being  admitted  good,  he  was  released. 

*  Some  of  the  descendants  of  this  brave  man  and  distinguished  patriot  are  now 
living  in  Louisiana,  holding  high  oHicial  position. 


il 


198 


IIISTOHICAL  MKMOIIJS  OF  LOUISIANA. 


had  liirf  firm  resolve,  T  doubt  whutlicr  a  sin^dc  Spaniard  would 
ever  have  n-acjliud  New-Orlcaus.  llo  had  a  genius  fur  war, 
and  was  the  chief  eleet  of  the  Aeadiaus  and  Germans  in  case  of 
a  ruj)ture,  and  under  his  orders  that  brave  body  would  have 
been  invincible.  I  regret  to  leave  a  man  of  his  mould; 
French  i>atriots  must  strew  laurels  over  his  giave.  Let  us 
return  to  the  other  prisoners  ;  ai\d,  to  judge  O'licilly  better,  let 
us  see  the  means  he  took  to  arrest  them. 

IIo  was  aware  of  the  inllueuci.!  possessed  over  the  public  by 
tlic  men  he  intended  to  arrest ;  he  feared  that,  by  acting  openly, 
ho  might  excite  an  outbreak,  and  therefore  to  secure  those  whom 
he  wished  to  arrest,  he  acted  thus  :^  On  the  evening  of  the  2Uth 
of  August,  he  sunmioned  the  colonels  of  the  two  regiments  that 
lie  had  broi\ght  to  his  residence.  "  Sir,"  said  he,  to  the  colonel 
of  th<!  J  iisbon  regiment,  '*  your  grenadiers  have  a  name  for  man- 
oeuvring well.  I  should  like  to  test  it;  those  of  the  other 
regiment  will  also  arm,  and  to  encourage  them,  you  need  only 
join  the  first  four  companies  of  each  regiment.  Let  the  rest 
remain  in  their  quarters,  ready  to  march  when  ordered;  ren- 
dezvous here  to-morrow  morning  at  eleven,"  The  next  morn- 
ing  O'Heilly  sent  liis  aids-de-camp  for  those  he  Avished  to 
arrest,  and  as  they  entered  made  them  sit  down,  speaking  with 
the  greatest  alTability,  and  left  them  under  the  impression  that 
his  design  was  to  confer  on  the  affairs  of  the  colony.  IIo 
amused  them  in  this  way  till  the  grenadiers  and  otlier  compa- 
nies, with  fixed  bayonets,  lia<I  surrounded  the  government 
house,  lie  then  called  successively  the  gentlemen  named 
above,  sent  them  into  an  adjoining  room,  where  their  swords 
were  demanded,  and  whence  a  guard  accompanied  them  to  the 
prison  prepared  for  them. 

M.  Ic  Marquis,  on  surrendering  his  sword,  said  to  him  :    •'  I 
have,  during  my  whole  life,  borne  it  in  the  French  king's  ser- 


HISTORICAL  MPJMOIRS  OF  LOUISIANA. 


19U 


vice,    I  roj^rct  tli.it  I  d'nl  not  uso  it  licffer.     If  it  1)C  a  crime  to 
bo  too  good  ;i  J*'rcnc'hiiiau,  I  dio  guilty,  (or  1  die  a  French- 


riijin. 


^[.  de  la  Frcnit'^rc  and  ^F.  do  ^^a/an,  whobotli  held  ofliccs  in 
the  colony,  wore  thrust  into  colls  undor  tin-  Iniildinjis  oocupiod 
by  the  Spanish  troops.*  I'his  !iii[)arontly  niorc  distinguishing 
treatment  was  only  an  additional  precaution  of  the  general. 
The  others  wore  conveyed  on  board  various  ships,  and  ail  care- 
fully watched. 

Their  pro})erty  was  confiscated,  sentinels  were  placed  in  thoir 
houses,  anil  thoir  paj)ers  oxaminod  and  soi/.od.  A  Spanisli 
guard  was  put  over  the  Secretary,  and  a  Fi'onoh  one  over  A[. 
Foucault's,  the  commissary.  Aubry,  at  O'lloilly's  request, 
took  a  false  step;  he  did  more,  lie  went  to  Foucault's  house 
and  wished  to  interrogate  him.  "Have  you  any  order  Croni 
your  king  and  mine,  establishing  you  my  judge?"  said  Fou- 
cault,  "if  not,  I  protest  against  j'our  injustice,  and  will  only 
account  to  the  judges  who  shall  he  ap})ointed  to  examine 
your  conduct  and  mine.  In  oonsccpionce,  sir,  I  demand  a  pas- 
sage on  the  first  vessel  for  Franco.  One  will  sail  to-mori'ow, 
and  I  shall,  with  your  permission,  embark."  O'Reilly  and 
Aubry  durst  not  refuse.  Foucault  embarked  the  next  day,  and 
on  reaching  France  was  transferred  to  the  Bastile,  where  he  is 
Btill  detained.f 


•''I 


*  In  pulling  down  this  old  building,  wliicli  had  for  siiiiu'  years  after  srrvpd  for 
a  Spanish  jjrison,  cells,  (under  tiie  ground,)  were  di.scovored,  iti  one  of  vvhicli 
were  found  a  quantity  of  human  bones  ;  the  remains,  probably,  of  unfortunate 
prisoners  who  had  been  left  there  to  perish. 

+  M.  l''oucaiilt,  President  of  the  Superior  Council  of  Louisiana,  succeeded  M. 
dc  Kochemore,  as  cnmmissairc  ordnnnatcur  of  the  province,  in  .lune,  17()I.  Ho 
acted  with  great  duplicity  towards  the  revolutionists.  He  took  an  active  part 
himself  against  Ulloa,  but  in  his  oHicial  correspondence  with  the  French  cabinet 
he  had  so  equivocated,  as  to  be  able  when  the  time  came  to  side  witli  tlic 
victorious  party.     In  order  to  justify  luni.sclf  for  liaving  convened   the  council 


200 


UISTOUICAL  MEMOIIW  OF  LOUISIANA. 


f 


'ffit 


Tlu;  imiiihur  of  victims  was  not  complctcil ;  one  more  wna  to 
bo  nrrcstccJ.  This  victim  was  dear  to  the  colony  b)  tlie  great- 
ness of  his  family,  by  his  birth,  and  by  the  signal  services  of 
his  ancestors,  to  wliom  was  due  the  discovery  and  settlement  of 
Louisiana.  This  victim  was  still  more  jirecious  by  his  personal 
merit.  M.  Noyan  was  the  son  of  an  old  royal  lieutenant  of 
Louisiana,  whose  name  is  never  uttered  without  resi)ect  and 
gratitude.  M.  do  Bienville,  governor  and  founder  of  New- 
Orleans,  was  his  uncle,  as  was  Ibervilli',  an  oflu-er  eminent  in 
the  navy  for  his  talents,  an<l  in  the  colony  for  having  brought 
over  the  first  colony,  and  declared  himself  its  protector  and 
8Uj)poit.  M.  de  Noyan  was  only  thirty-two.*  Nature  seemed  to 
have  delighted  in  blending  in  this  young  man  all  exterior  graces, 
as  well  as  those  (jualitiesof  mind  and  heart  which  attract  esteem 
and  love.  lie  might  have  been  considered  a  model  of  per- 
fection, were  not  nature  so  chai-y  of  it.  J  lis  countenance  wa.s 
noble,  frank  and  becoming,  his  manners  i)lcasing,  liis  stature 
tall,  his  bearing  manly,  his  voice  sweet  and  captivating,  llo 
had,  in  a  word,  all  the  graces  that  a  man  can  have.  Ilis  mind 
was  agreeable  and  just ;  he  had  a  general  aptitude  for  all  he 
undertook.  His  soul  was  a  union  of  all  the  qualities  that  con- 
stitute an  honest  man;  he  had  also  those  which  render  a  man 
dear  and  precious ;  for  to  rectitude,  Avhich  might  if  possible  bo 
called  ultra,  he  joined  great  generosity  and  beneficence ;  ho 


whicli  oxpollcil  Ulloa,  he  wrote  to  liis  government,  that  "  he  had  been  conipellej 
to  yield  only  by  force."  "  It  must  be  admitted,"  says  (Jayarre,  "'  that  in  the  drama 
in  which  he  was  eiij^aged  he  acted  his  part  with  a  consistency  of  infamy,  and  a 
cool  systematic  regularity  of  treachery,  which  must  obtain  for  him  much  credit 
with  congenial  minds."  When  he  arrived  in  Trance  he  was  thrown  into  prison, 
but  afterwards  released,  and  rewarded  with  an  office  in  the  East  Indies. 

His  correspondence  while  in  LouisiSna  is  very  voluminous,  and  covers  a  period 
of  nine  of  the  most  eventful  years  in  the  history  of  that  province. 

*  The  defence  of  Noyan,  Doucet,  and  Caresse  may  be  found  in  the  archives  of 
the  department,  "  Dc  la  Marine  et  des  Colonics,"  Paris. 


inSTOIlICAL  MKMOIUH  OF  LOUISIANA. 


201 


wns  compa.s.sh;nnto,  miM,  alV.iliI  •,  but  at  tljc  same  tiim'  full  o( 
coiiraj^'c,  lirinncss  aiul  nnbility.  A  j^'ood  eiti/cii,  a  j^ood  patriot, 
a  g(W)(l  friend,  a  g/'<»fl  fatin  i ;  rfproaolu'd  oidy  with  a  too  ex- 
troiiii'  dclici  -v  ;  and  i'or  flii.s  only,  booauso  it  proved  his  ruin. 
He  liad  served  in  France,  and  was  ))y  leave  eaptain  ofcavalry 
ill  Louiniaruv;  tbi.s  reason  would  seeni  to  sliield  him  IVoni 
arrest.  Tliis  is  ])er]nij)s  the  reason  why  O'Reilly  hCl  him  at 
liberty  two  days  after  the  detention  of  the  ^'entlenien  of  whom 
I  have  spi^knn,  'IMu;  whole  colony  unanimously  entreated  this 
youn^  man  to  (lyfrom  Spanish  wrath.  De  Noyau  had  nianiod 
do  la  l''i'eniero's  daughter;  his  intimate  connection  with  his 
falher-indaw  was  notorious,  and  he  was  known  to  bo  one  of 
those  marked  out  for  Spanish  vengeance.  In  vain  they  (.•in- 
ployed  all  imaginable  arguments  to  induce  him  to  evade  by 
flight.  Full  of  confidence  in  his  own  innocence,  he  alway.s 
0])posed  it  as  a  buckler  to  the  representations  nunle  him.  AVhcn 
they  reminded  him  that  innocence  was  often  sacrificed  to  so- 
called  iH)liey,  he  reminded  them  of  his  honor,  wliich  made  his 
fate  inseparable  from  his  flither-indaw's.  AVhen  they  showed 
him  tliat,  in  safety,  free  to  act  and  makchisrcj)resentations,  he 
would  Iju  of  real  service  to  M.  de  la  Freniere,  he  seemed  to 
yield  to  this  powerful  argument;  but  his  pledge  to  his  father- 
indaw  not  to  forsake  hiin,  soon  prevented  his  following  the 
prudent  advice  given  him.  O'lleilly  had  just  jjublished  an 
amnesty,'"*  by  wdiieh  he  seemed  to  declare  that  the  anger  of  his 

o'RElM.y's  l'I!0(l,A>UTIO\. 

*  "In  the  name  of  the  King,  we,  Alexamler  O'Upilly,  coniinatulor  of  Dcnfay- 
an,  in  tiie  order  of  Alcantara,  major  and  inspcctor-fjencral  of  tlie  armies  of  his 
Catliolic  majesty,  captain-jjeneral  and  governor  of  the  province  of  Louisiana, 
in  virtue  of  the  orders  of  his  Catholic  majesty  and  of  the  powers  witli  wliich  wo 
arc  invested,  declare  to  all  the  inhahitants  of  the  province  of  Louisiana,  that 
whatever  just  cause  past  events  may  have  given  his  majesty  to  niukc  them  feel 
his  indignation,  yet  liis  majesty's  intention  is  to  listen  only  to  the  inspirations  of 
Ills  royal  clemency,  hecause  he  is  persuaded  that  the  inhabitants  of  Louisiana 


i  si 


I 


'i-. 


3tU; 


■if 


ff- 


202 


HISTORICAL  JIEMOIRS  OF  LOUISIANA. 


Catholic  majesty  would  fall  only  on  tliosc  firrested,  and  that 
this  monarch  would  pardon  the  others.  This  amnesty  proba- 
Lly  induced  the  unfortunate  resolution  taken  by  De  Noyan  to 
face  all,  rather  than  debase  himself  by  a  llight  which  the 
Spaniards  would  have  regarded  as  a  confession  of  the  crime 
laid  t(^  his  charge.  Death  seemed  to  him  less  frightful  than  a 
breach  of  his  woi'd. 

O'Reilly  at  last  arrested  De  Xoyan.  His  pretendt'(l  regret, 
and  the  manner  in  which  the  arrest  was  made,  prove  at  least 
the  consideration  to  Avhich  he  was  entitled.  He  was  conduct- 
ed on  board  a  Spanish  frigate  and  treated  with  the  greatest 
distinction. 

Shall  I  paint  the  despair  of  the  Avretched  wives  of  these 
gentlemen  ?  Shall  I  dwell  on  the  state  to  which  ^[mc.  de  Xoyan 
in  particular  wasi'cduced?  But  sixteen  and  a  half  years'  old,  the 
most  deep  and  tender  alfection  had  for  the  last  eighteeir  months 
united  her  to  the  amiable  man,  whose  portrait  we  have  just 
drawn.  Daughter  of  ^[.  de  la  FrenicM'e,  niece  of  M,  de  A'illere, 
she  wept  at  once  the  detention  of  husband,  father  and  uncle,  and 
shuddei'cd  every  moment  at  the  horrid  forebodings  that  tilled 
her  soul.  But  tho  cruel  O'lleilly  incessantly  reassured  these 
ladies  as  to  the  lives  of  those  they  loved.  He  repeatedly  sent 
to  tell  them  to  dismiss  their  fears,  as  the  detention  of  the 
prisoners  would  not  be  long,  and  that  they  would  soon  sec 
them  i'ree.  Thus  the  tyrant  flattered  their  Ibnd  hopes,  to  ren- 
der the  l.ilow  he  was  ])reparing  more  keen  and  penetrating, 

woiiltl  not  li.iv(>  coinniittoil  llie  ollVncc  of  which  thoy  arc  guilty,  if  llicy  h;ul  not 
been  seiliifcJ  hy  the  intrigues  of  some  ambitious,  fanatic  and  evil-uiindeJ  men, 
who  hail  tlie  temerity  to  make  a  criminal  use  of  the  iifuoraiicc  anil  excessive 
cveilulity  of  their  fellow-citizens.  Tiiesc  men  alone  will  answer  for  their  crimes, 
and  will  be  jiulired  ill  accordance  with  the  laws.  So  jrenerous  an  act  on  the  part 
of  his  majesty  might  be  a  pledge  to  him  that  his  new  subjeijis  will  endeavor 
every  day  of  tiicir  lives,  to  deserve  by  their  lideiity.  zeal  and  obedience,  the  pardon 
and  protection  wliicli  lio  grants  tlicni  from  this  moment." — Gayarrc. 


4' 


nd  tliat 
y  proba- 
oyan  to 
licli  the 
10  criinc 
1  than  a 

I  regret, 

at  least 

conduct- 


greatest 


of  these 
c  Xoyan 
'  oM,  the 
1  months 
avc  just 
3  A'illcre, 
ncle,  and 
liat  iillcd 
I'cd  these 
cdly  sent 
iU  of  the 
soon  see 


s,  to  ren- 
athig. 


icy  hail  not 
liiiilod  iiipn, 
1  excessive 
licir  crimes, 
on  the  part 
ill  endeavor 
',  the  pardon 


niSTOMCAL  MEJIOIRS  OF  LOUISIANA. 


203 


Shall  I  follow  these  gentlemen  in  their  imjn-isonnient? 
Shall  I  tell  how  M.  do  Mazan,  scixod  with  a  terriMc  disorder, 
beheld  his  wife  in  vain  im}ilore  })('rniission  to  watch  hesidc 
her  husband?  Nay,  more:  the  son  of  that  old  soldii-i'  oHcred 
to  remain  in  prison  till  liis  father's  recovery.  Xi)tliinu-  could 
move  the  cruel  and  barbarous  general.  ^Mazan  spent  his  ill- 
ness in  prison. 

A  month  or  so  after  their  arrest  the  examinations  began.* 


*  It  appears  from  a  M.S.  copj*  of  the  process  verhal  of  this  trial  hefore  me,  that 
O'Reilly  tiased  his  i)roseciitioii  of  the  leaders  of  this  revolution  npon  a  sln/ii/e 
of  Alfonso  XI ,  which  h  the  first  law  of  the  seventh  title  of  the  first  jiiirtida, 
which  denounces  the  punishment  of  death  at;d  confiscatinn  of  jiroperty  airainst 
those  who  excite  any  insurrection  .auaitist  the  kiuLj  or  state,  t.iUe  up  arms  under 
any  pretence  of  extendiuig  their  lilierty  or  rijjhts,  and  against  those  who  yivc 
them  any  assistance. 

The  prisoners  pleaded  njj;iinst  the  jurisdiction  of  the  court,  which  was  over- 
ruled. They  denied  the  facts  witii  which  tiiey  were  arraitrned  ;  tliey  contended 
if  they  did  take  part,  they  did  so  wliiii'  the  rrench  lln;;  was  .-till  waviriir  over  the 
province  of  Louisiana,  and  while  yet  French  laws  were  still  in  force  ;  that  the 
facts  set  forth  did  not  constitute  an  ollence  against  the  laws  of  Sjiain  ;  that  they 
were  not  hound  to  bear  the  yoke  of  two  sovereigns;  that  O'Kcilly  eould  not 
command  the  obedience,  nor  respect  of  the  colonists,  until  he  had  made  known  to 
them  his  powers,  and  that  the  King  of  Spain  could  not  count  u[ion  tlieir  alle- 
giance until  he  extended  to  them  his  protection. 

This  trialand  the  proclamation  of  O'Reilly,  fixes,  beyond  a  doidil.  the  period 
when  Spanish  law  was  substituted  for  French  Jurisprudence  in  Louisiana. 

The  powers  of  O'Reilly  were  unliuiited,  atid  extended  to  a  total  cliani.'e  of  the 
laws,  the  fiscal  and  military  condition  of  the  country,  and  ujioii  which  the  treaty 
of  cession  remained  entirely  silent  ;  although  the  letter  from  the  king  to  \I, 
d'Ahndie  held  out  some  delusive  hopes  that  they  might  not  be. 

Afterthe  execution  of  the  prisoners,  O'Reilly  caused  to  be  ])ublished  in  French, 
an  abridirnient  of  Spanish  law,  with  references  to  the  liooks  in  which  they  are 
contained,  which  he  proinultrated  for  the  iiovernment  of  the  jirovince  until  the 
Spanish  language  should  be  better  understood,  and  the  colonists  better  able  to 
read  the  .Spanisii  laws  in  their  original  idiom. 

This  publication,  which  is  ])rinted  in  the  ap|)endix  to  this  volume,  was  follow, 
(id  by  ;in  uninterrupted  observance  of  the  Spanish  code  in  all  its  parts,  ft  is  in 
evidence  that  O'Reilly's  ordinances  verr  ncffr  rrponled.  'i'liey  were  approved 
of  in  1772  by  the  Council  nf  the  In<Hes,  and  to  i;ive  irreater  force  to  what  O'Reilly 
had  done,  they  recommended  that  ct'ihifrs  be  issued  to  that  ell'ett. 

"Happily,"  says  .Judge  .Martin,  "the  Spanish  laws  and  those  of  France  pro- 


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204 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


During  tlic  interval  O'Eeilly  had  received  the  depositions  of 
all  wlio  wished  to  speak.  Animosity,  resentment,  jealousy, 
cupidity,  ambition,  terror  and  weakness,  excited  base  and  vile 
minds  to  dare  to  calumniate  the  worthiest  of  men.  And  what 
were  the  feelings  of  those  generous  patriots,  when  they  beheld 
themselves  falsely   accused  by  their   own  countrymen,*  by 

ceedcd  from  the  snmc  origin,  the  Roman  code  ;  and,  as  there  is  a  great  similarity 
in  tlicir  ri;,'hts,  testainetits,  siu'cossions,  &.c.,  tlio  translation  was  hardly  perceived 
by  tlic  mass  of  the  inhaliitants  before  it  became  complete,  and  very  little  incon- 
venience resulted  from  it."  Tlie  Supreme  Court  of  Louisiana  have,  on  several 
occasions,  substantially  sustained  this  view  of  the  question,  upon  wliich  now 
no  doubt  should  rest. 

*  Aubry  is  here  particularly  alluded  to,  for  the  supple  and  servile  part  he 
played  throughout  the  whole  of  this  period;  notwithstanding  which,  he  was  a 
brave  and  accomplished  ofllcer,  and  had  served  with  distinction  in  Italy,  before 
he  came  to  Louisiana,  In  1758  he  was  ordered  by  the  commandant  of  Fort 
Chartres,  Illinois,  to  ascend  the  Ohio,  and  relieve  Fort  Dnquesnc,  which  was 
then  menaced  'oy  an  English  force  under  Major  Crant.  On  the  14th  of  .Septem- 
ber he  arrived  at  the  fort,  and  after  examining  the  position  of  the  English,  lie 
sallied  out  the  next  day  and  attacked  them  with  great  bravery.  After  a  hard- 
fought  battle,  they  retreated  in  great  disorder,  and  left  three  hundred  men  dead  on 
the  field.  On  hearing  the  aefeat  of  Major  Grant,  ficneral  Forbes  sent  forward  a 
detachment  under  the  command  of  Col.  Washington  to  support  Grant.  As  he 
drew  near  the  fort  the  French  troops  became  disheartened,  and  Aubry  ordered  the 
fort  to  be  set  on  fire,  and  by  tlie  light  of  it  he  sailed  down  the  Ohio,  and  returned 
to  Fort  Chartres.  Washington  on  the  next  day  planted  his  banners  on  its 
ruins,  and  named  il  Fort  Pitt. 

In  the  following  year  Aubry  was  ordered  with  a  strong  force  to  Niagara, 
where  he  again  attacked  the  English  with  great  intrepidity,  and  while  leading 
his  men  he  fell  covered  with  wounds.  He  was  taken  prisoner  by  the  English. 
After  his  release  he  went  to  France  for  his  health,  and  was  rewarded  for  his 
bravery  with  the  cross  of  St.  Louis.  On  recovering  from  his  wounds  he  return- 
ed to  Louisiana,  and  on  the  4th  of  February,  1765,  he  succeeded  D'Abadie,  (who 
had  died  very  suddenly,)  as  Governor  of  Louisiana. 

On  the  5th  of  March,  17G0,  Ulloa  arrived  in  Louisiana,  but  as  there  was  no 
time  fixed  hy  the  treaty  of  cession  to  deliver  the  province  to  Spain,  he  deferred 
from  time  to  time  to  take  possession  until  a  stronger  force  should  arrive  from 
Spain.  ]n  the  mean  time  the  colonists  liecame  dissatisfied,  and  a  revolution 
broke  out,  which  finally  led  to  liis  e,\jiulsion. 

Aubry  protested  against  the  decree  of  the  Superior  Council,  and  immediately 
informed  his  goverinuent  of  all  that  had  taken  place.  The  merchants  and  plan- 
ters published  a  memorial  to  justify  the  expulsion  of  Ulloa,  which  will  be  found 
published  in  this  volume. 


HISTORICAL  J[EMOIRS  OF  LOUISIANA. 


205 


Frenchmen  for  tlic  most  part  loaded  witli  tlicir  Hwors?  To 
crown  their  torture  they  needed  but  to  know  tlieir  accusers, 
and  the  Spaniards  had  the  cruelty  to  name  them. 

It  would  be  too  long  to  dwell  in  detail  on  all  the  horrors 
called  into  being  in  those  fearful  moments.  Why  cannot  I 
transmit  to  posterity  the  names  of  the  wretches  who  had  the 

On  the  24th  of  July,  O'Reilly  arrived  at  the  Balizc  with  three  thousaml  troops, 
and  on  the  same  day  he  sent  Bouligny,  his  aid,  to  announce  his  arrival  to 
Aubry. 

On  the  18th  of  August,  1769,  Auhry  delivered  up  the  province,  and  on  the 
next  day  O'Ueilly  addressed  a  letter  to  Aubry,  askinir  a  statenient  of  all  that  had 
transpired  in  the  colony  from  the  departure  of  I'lloa  until  liis  arriv;il.  and  the 
names  of  the  chiefs  of  the  revolution.  On  the  23d,  he  addressed  .\ul)ry  another 
letter  on  the  same  subject,  requestinij  him  to  furnish  all  the  documents  necessary 
to  convict  the  chiefs. 

On  the  24lh,  Aubry  addressed  a  letter  to  O'Reilly,  givinsr  him  the  informa- 
tion he  required  ;  and  on  the  first  of  September  he  wrote  the  following  dispatch 
to  the  French  Minister  : — 

Mo'iseigncnr, — J'ai  eu  I'honneur  do  rendre  comptc  a  votre  grandeur  de  la  prise 
de  possession  de  la  Louisiane  par  .M.  le  fiem'-ral  O'Reilly,  et  de  tou'es  les  circon- 
stances  qui  ont  accompagne  ce  memorable  evenement. 

Dei)uis  ce  temps  M.  le  General  s'est  occupei'i  a  prendre  la  connaissance 
la  plus  exactc  de  la  cause  de  la  revoke  du  vingt  ncuf  d'Octobre,  1768, 
ct  des  auteurs  d'un  attentat  qui  a  mis  cefte  colonic  a  deux  d'oigts  de  sa 
pertc.  J'ai  rc(;u  une  lettre  de  lui  le,  19,  d'aout,  dont  est  cy  joint  la  tr.iduction 
exacte  par  la  quelle  il  me  marque,  (pietant  gouverneur  de  cetle  province  po\ir  sa 
majeste  tres  Chretienne  et  present  a  tout  ce  qui  s'y  est  jiassi',  il  desirait  (luejo 
I'instruisisse  des  causes  de  la  revolte  et  des  noms  de  ceux  qui  ont  st'^duit  el  excite 
le  peuple  a  se  presenter  les  amies  a  la  main,  et  pour  expulser  par  la  violence  M. 
Dn.  Antonio  de  Ulloa,  elii  par  sa  majeste  Catholique  gouverneur  de  pays,  et  me 
pric  egalement  de  lui  inarquer  le  nom  des  auteurs  de  tous  les  exees  qu'on  li  apres 
continue  envers  tous  les  officers  et  la  troupe  Espagnols. 

J'ai  I'honneur  de  vous  adresser,  Monseigneur  la  cojiie  rxacte  de  la  response  en 
date  du  20,  d'Aout  que  j'ai  cru  <iue  le  devoir  do  mon  etat   in'ol)ligeait  de  faire  a 
M.  le  General,  dans  la(iuelle  je  lui,  expose  avcc  tout  I'honneur  et  la  verite  doiit  jc  •* 
suis  capable  toutcs  les  connaissanccs  que  j'ai  sur  les  causes  de  ce  malheureux 
evenement.  et  sur  les  princi[)aux  auteurs  dctous  les  exct's. 

Le  21.  ii  huit  heures  du  matin,  M,  le  General  me  communiqu'a  pour  la  premiere 
fois  les  orders  de  S.  Mte.  pour  faire  arreter  et  jugcr  selon  les  lois  les  chefs  de 
cette  conspiration,  ce  dont  je  n'avis  aucune  coniiai.«sance  aup.iravant,  Jl  les  fit 
tous  assembler  chez  lui  sous  dillerens  pn'texfes,  et  en  ma  presence  il  lenr  dit : 

"  Messieurs,  la  nation  Espagnole  est  respectee  et  vcneree  par  toute  la  terre.    La 


% 


li 


206 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


vilencss  to  depose  against  tlieir  countrymen?  But  the  public 
voice  })oint.s  tiicm  out,  and  tlicir  deed  brands  tlieir  name  with 
infamy.  JJapidly  would  I  pass  over  the  fearful  picture  I  have 
yet  to  trace.  1  would  fain — l)ut  I  have  resolved  to  be  exact — 
Let  us  conclude  these  sad  details. 

On  the  2-kh  of  Octobcr,17G9,  the  Spanish  council,  on  liear- 

I.oui.si.iiio  est  (lour  Ic  .sciili)ays  do  riiiiivrrs  ou  on  l'ij;noro,  rt  ou  on  manque  aux 
(;ifiiriis  ()iii  liii  sunt  dus.  S.  Mu''.  C;illioli({ue  (>.st  Ires  oH'cnsro  di- tons  Ics  perils 
qu'oii  .1  iiii|)ri:ii('s  i-t  qui  ontraijciit  son  ifouvcrni'nicnt  ct  la  nation  llspaifnolc, 
ainsi  ([uo  dv  la  violence  ct  dc  I'attcntat  <iiii  a  ('t('  connnis  cnvcrs  son  gouvcrncur, 
ses  ofllcicrs.  ct  scs  troupes.  Elli;  ni'ordoinie  de  lairo  arrcter,  el  jngcr  scloa  lea 
lois,  les  antcurs  de  tons  cos  execs,  ct  dc  ccs  violences,  ajirrs  ienrs  avoir  In  Ics 
ordres  de  ,S.  Mlc.  a  so  siijet,  M.  le  (Iciicral  leur  ajouta,  Messieurs,  vous  ctes 
accuses  d'etre  Ics  chefs  de  cclle  revoke,  je  vous  arrete  an  noni  du  Uoi,  je  souhaite, 
que  vous  puissio/,  prouver  votrc  innocence,  et  ctrc  a  uicnie  de  vous  rcndre  bien- 
tot  los  epces  (pie  je  vicns  d(!  vous  otcr.  Vous  produircz  toutes  vos  defenses  dcvant 
les  judifcs  ('(piit.d)les  (jui  sont  devant,  cc  seront  eux  (jui  instruiront  v(itre  proces, 
ct  (Jill  vous  juycront,  il  ajouta,  on  a  eouturne  en  Ks|)ajrnp  de  .Se(jucstrcr  les  l)iens 
ct  Ics  fortunes  dcs  ]irisonniers  d'Etat,  les  votres  Ic  seront  par  cons('(pient,  iriai 
voiis  devcz  ('t re  certains  epic  vous  sore/,  trait('s  avcc  tour  le  soin  possililo  dans 
rendroil  (pii  vous  est  dcstini'',  ct  a  r('!rard  dc  vos  fcmines  et  de  vos  enfans,  soycz 
pcrsuadi'  ((ue  jc  Icur  ferai  doiincr  tous  les  secours  dent  cllcs  pourront  avoir 
besoin.'' 

Aussiiiil  ]ilusienrs  oll'iciers  accompairncz  d'un  di'tachcmcnt  dc  fircnadiers  Ics 
out  conduits  dans  les  eiidroits  (jiii  leur  est  dostiiu',  savoir,  au  quartier  et  dans  les 
\'aissoau.\  de  S.  Mt(\  Catholi(pic. 

•I'ai  riioiineiir  de  vous  adrcsser,  Monsei^ncur,  le  nom  du  jictit  nonibre  de  ccux 
quo  M.  Ic  ( ii'ni'ral  u  ('l(^  oblicrc  indispensabieinont  dn  faire  arretcr  ce(iui  prouvo  sa 
jrj.nt'rosilc'  ct  sa  bont(',  y  en  ayant  bicn  d'autrcs  que  lour  eonduite  criniinello 
in"(''tat  dins  le  cas  (reprouver  le  inc'ine  sort,  et  alin  dc  tranipiiliscr  le  jieuples,  ct 
les  babitaiits  (|ui  ('laie  ',  alarmi's  M.  le  (icn(''ral  a  fait  publicr  aussitot  au  noin  du 
Ivoi  nil  pardon  L'cih'ral  pour  tout  cc  (|ui  s'cst  [lasse,  a  I'exccption  do  ccux  (jui  ont 
S(''dnit  Ic  pciipic  a  coiniiiettrc  cet  attentat  les  (juels  seront  jujri's  seloii  les  lois; 
cette  oiiloniiancc  aHiclii'e  et  imblii'e  dans  Ics  (piatro  coins  dc  l:i  vill(>,  au  son  des 
tainliours  et  de  dillcrens  iiistruniens.  acconipajjiies  de  toiitcs  Ics  conipaijnics  do 
CJrenadicrs,  a  pruduit  nn  fr('s  bon  cll'ct,  ct  can-i'^  line  satisfaction  yi'iii'rale. 

Le  ~l>.  an  maliii,  j'ai  rc-.u  nno  Icttre  do  M.  le  (ri1nt?ral  dont  j'ai  I'lionncur  do 
vous   ciiMiyir   la  traductioa  exacte,  par  la(iuel!o  il  mc  inaniue  qu'on  liii  a  roniis 

des  habit  ant  ^?  ct  noi'ocians  sur 


oriLtinal  d  un  ]ia]iier  (jui  a  pour  litre,  inenioirt 


ri'vcncinctit  dn  ^i'.\  d'October,  (pii  s'ost  trouvi'-  chez  I'iinpriincur  Brand,  avee  I'ordre 
siifn(''  dc  M.  Fancanlt,  faisant  fonctions  d'ordonnatcur.  pour  (pi'il  soil  inipriine, 
ct  (lu'attcndu  ijnc  cc  libelle  est  olVensaut.  au  ]dus  hant  degre,  a  i\rautorile  ct  au 
respect  dii  a  sa  majestic  Catholique,  et  est  diilamatoirc  a  toute  la  nation  Espag- 


m 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


207 


say  calumnies  refuted  by  the  accused  and  by  three-fourths  of 
the  colony,  dared  to  pronounce  on  the  gentlemen  arresti'd  the 
most  sanguinary  sentence.  Let  us  pass  for  a  moment  ovei'  the 
inhumanity  of  this  sentence  to  regard  merely  its  irregulaiity. 
First,  if  w'G  believe  the  Spaniards  themselves,  they  liail  no 
judges  but  O'JIeilly  and  ilie  Auditor.  Tuit  let  us  not  admit  facts 

nolo,  ct  que  le  crime  Je  M.  Friui-awlt  est  ])l:iiiirinriit  jiistifio  p.ir  s;i  siijiiaturr,  il 
lie  luissp  aiicun  duiitc,  (ju'il  ii";iit  ('ii'  iiii  dcs  clu't"  ct  iiriiici|);iu\  inotcurs  dii  sdu- 
IcvenuMit  pt  cvci's  cominis  i.'oiitrc  Moiisiur  Don  Aiituiiio  do  I  l!oa,  ct  Ic  froiivcrno- 
mciit  dc  S.  Mlc.  Catlioli((iip,  M.  Ic  flcm'ral  iiic  prii'  en  coiisri|iicn('L'  do  I'airc  s,1i^sir 
avcc  la  plus  jj[raiidc  surrli'  ct  promptitude  la  persoiiiic  dc  M.  I'oucault,  alia  (pie  la 
justilicatioii  laite  dc  sa  coiiduito  tri's  intidMIe,  ct  erimiiiellc  nous  |)uiss()hs  I'un  et 
I'autrc  en  rcndre  compte  a  iios  souverains  respcctil's  avcc  la  nuiise  du  mc'ino 
jiroccs  ;  .I'ui  riionneur  do  vous  addrcs.-cr,  Monsci;»ncur,  la  rcponsc  epic  j'ai  cru 
que  le  devoir  dc  nion  ctat,  nrohlicait  dc  fairc  a  Ic  (ii'iicral  ;  tpioi  ipi'avci!  bu'ntli"  la 
doulurjc  M"ay  pn  me  refuser  a  unc  aussijuslc  dcmante  ilc  sa  part  ;  i  uccn-cipicnce 
j'ai  ordonncr  a  M.  le  Clraiulmaison  cy-dcvant  Major  d'allcr  avcc  Messrs.  dc  la 
Mazetieri'.  Ic  plus  aneier  Captainc,  ct  Aulicrt,  Aide-Major,  arrcicr  au  noin  du  Uoi, 
Faucault,  dans  sa  maison  on  j'ai  envoyi' anssilot,  avcc  ra;,ni'iJii'ni  dc  Monsieur  le 
Ciencral,  uii  di'tacln'nient  I'ranrais  et  deuxolliuicrs  (jiii  sont  relcvcs  tour  Ics  jours 
lesquels  j'a  rcndui  rcsi)ousaliles  dc  sa  personnc.  .Pai  aus>i  onlonni'  a  M.  dc 
Grandmaison  do  meltrc  les  celles  sur  les  pa|)icrs,  assiste  dc  Messrs  dc  li  Maze- 
tlcre  ct  Aul)ert,  en  presence  dc  M.  Bo'.ie,  faisaut  I'onction  dc  coiitrolcur  dc  la 
Marine,  Iccpiel  j'ai  cliarye  du  soin  de  la  comptaliilite,  le  remlant  responsalilc  du 
nial  (pi'il  ])ourrait  faire,  ipioi  <jue  jc  iie  1  en  eroye  nullcment  capal)le.  atlcndu 
qu'il  est  liijuetc  lionimc,  el  a  toujours  desajivouvc  la  conduilc  dr  son  c-liel'. 

Le  ~(i.  d'Avont  tons  les  principaux  lialiitans  <ie  la  eanipanne  ct  ecux  de  la 
ville,  on  prcles,  solemnellcnient  serment  d'olicissance  et  de  liilclite  a  S.  Mtc. 
Catliolioue  elitre  les  mains  de  M.  le  (irniTal.  (-'ctle  ecienionie  s'o  iitc  avcc 
bcaucouj)  d'ordre  et  de  dij^Miilr  ;  je  lui  ai  prescnt('  tons  les  corps  c'  iin  scion 
leiir  ranii ;  M.  Ic  (Ii'ncral  leur  a  |)ronouer  a  haute  voix  tonics  les  oli'  itions  aux 
quelles  Ic  seiment  les  cni.'aj;eait,  et  les  liait  ;  il  leur  a  dil  ipi  i,.-  avaiciii  nu 
pleine  ct  entiere  lihertie  pour  Ic  faire,  ou  pour  le  ;efuser;  (pie  eeu\  ip.i  ne,\ou- 
laient  point  s'y  eiiga;.rer  etaient  les  niaiires,  et  qu'il  leur  donncnil  t;iu>  \r  terns 
ct  les  I'acilitees  pour  arranger  leurs  alfaircs.  et  sc  retirer  dans  leur  Pal  ric  Pn's<pic 
tons  o('ni'ralciiient  Ton  pivtr  avcc  /rle,  et  jose  assurer  ((u'ls  sero.ii  don"  naxaiit 
aussi  lidelles  sujets  de  S.  Mt(''.  Catliolitpic  ipi'ils  foul  c  ii'  du  Uoi  tii'?,  (.'Iircticn  ; 
aiiri's  que  tout  le  mondo  a  eu  prete  Sernunt  j'ai  eic  avcc  tons  Messieurs  les 
oiriciers  au  dcvant  de  M.  le  ricncral.  ct  lui  ai  dil  i|ue  nous  riic.iis  lii's  ilalt/s  ci 
lionorcs  de  servir  sous  les  ordrcs  d'un  <.'i'ni'ral  aussi  rcco)nmaiid:,lii(  qi,e  lui,  (pie 
nous  ctioiis  pn'ls  a  repandre  noire  sang  pour  Ic  service  du  Koi  dlisiiagiic 
coinme  i)our  celui  du  lloi  dc  France,  et  qu'eu  airissant  aiiisi,  uous  (  xi'cutcrions 


la  volonte  du  Ivoi  iiotrc  r.iailre.  ce  qui'elait  la  scule  chose  (jue  iious  dcsirioiis 


il 


208 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


SO  incredible;  let  us  suppose  the  council  named  to  try  the 
victims,  was  composed  of  a  competent  number  of  judges,  tlic 
proceedings  would  still  be  irregular. 

One  man  accuses  another,  equity  demands  that  they  be  con- 
fronted, and  discussion  is  generally  the  torch  that  guides  the 
judge.     But  here  they  merely  wished  a  mask   to  cover  an 

a  t'ti!  ontiorcmcnt  satisfait  tie  ccttc  demarche,  ct  nous  a  fait  la  n'ponsc  la  plus 

obligcantc. 

La  t'(He  ilo  la  St.  Louis,  cello  du  Dinian(,hp,  et  ics  ocenpiations  quo  nous  avons 
cues  Ic  jour  qu'on  a  prete  sermcnt  de  fidtjliti',  ne  ni'oiit  pas  [loriiiit  do  i'aire  lever 
les  cellos  qu'on  avaient  apposi's  sur  les  papicrs  de  M.  Koucault  que  Ic  28. 
rordonno  ce  jour  a  M.  de  Ciraiiduuiison  cy-devaut  .Major,  Messrs.  de  la  .Mazetieres 
ct  Trudcau,  Capitaines  assistes  du  Sr.  Garic,  notaire  de  celte  ville,  de  so  trans- 
porter dans  la  Muison  do  M.  Foucauit.  pour  en  presence  de  M.  Uobt',  controleur 
de  la  Marine,  prociider  a  la  reconnaissance  ct  levi^e  dcs  ccllrs  apposes  lo  23. 
Du  present  niois  sur  les  bureaux  et  cabinets  contenant  les  papiers  et  coniptes  des 
Auances  et  autres  comptabilites  pour  cusuite  I'tre  roniis  a  M.  Bobci'  a  I'e.vception 
des  papiers  qui  |iourront  .-xvoir  raport  a  revi'neincnl  du  le  29  d'October,  les 
quels  doivcnt  in  in"etre  rcmis  par  M.  de  Grandniaison. 

J'ai  eijaUnient  ordonne  le  memo  jour  a  M.  dc  Grandmaison  et  aux  memes 
oflicicrs  assistees  du  dit  notaire  de  faire|u  M.  Foucauit  une  declaration  par  serment 
de  tous  les  biens,  nieubles  et  innneubles  qu'il  pent  avoir  dans  cette  colonic  II  a 
declare  tres  pen  de  biens,  et  beaucoup  dc  deltes  en  France  et  dans  cctte  colonic. 

J'ai  riionneur  de  vous  addresser.  Monsieur,  la  copie  des  actes  qui  out  ete  fails 
a  ce  sujet,  Maji^re  que  toutes  les  operations  precedentes  ayent  donno  consider- 
ablement.  D'occupation  d  M.  le  General,  il  n'a  pas  neglige  la  les  soins  du 
gouvcrnement  auxquels  il  i'est  donne  tout  entier  ;  des  voitures  out  ele  expediees 
dans  tous  les  Postes  pour  annoncer  la  nouvelle  de  son  arrivee,  et  de  la  prise  de 
possession. 

Les  connnandants  de  la  Pointe  Coupee,  ct  dcs  Acadians  out  re(;u  ordrc  den- 
voycr  a  la  ville  les  principaux  habita'is  munis  du  pouvoir  de  tous  les  aulrcs  pour 
preter  le  serment  de  fulelite  ;  a  I'egard  des  postes  eloignes,  M.  le  General  a  charge 
dc  ses  Pouvoirs  les  ofliciers  quiy  conmiandcnt  pour  faire  preler  le  se'.uentaux 
habitans  qui  y  sont  etablis. 

La  saison  no  permettant  point  d'envoycr  un  convoi  aux  Illinois,  M.  le  General  a 
marque  a  M.  dc  St.  Ange  qui  y  commando  et  qui  y  est  de  puis  cinquante  ans 
qu'ayiut  conliance  dans  sou  experience  et  sa  probite,  il  n'a  qu'a  lui  envoyer 
I'etat  de  ce  qu  il  [lense  nccessaire,  tant  [lour  les  sauvages  que  pour  la  protection 
dcs  habitans  et  qu'il  aura  eijard  a  ses  demandes. 

Son  intention  est  de  n'etablirdesnouveautes  qu'autant  qu'il  le  era  absolument 
necessaire.  II  continucra  et  fera  executor  tous  les  reglemen*:  s  i;;f  ;  ot  utiles  que  la 
fail)lesse  du  gouvcrnement  n'a  pas  permis  defaire  d'obscrver  dc  puis  plusieurs 
anne'es.    II  suivra  le  code  noir  qui  lui  a  paru  rcmpli  d'ordonnances  sages  et  utiles 


HISTORICAT.  MEMOirS  OF  LOUISIANA. 


rdrc  deri- 

iros  pour 

a  cliarge 

.iioiit  aux 


solument 

les  quo  la 

ilusieurs 

et  utile* 


action  at  which  a  savage  would  have  blushed.  These  barba- 
rians, deaf  to  all  but  vengeance,  would  at  least  have  shuddered 
to  shed  innocent  blood.  They  would  have  dreaded  to  have 
that  indelible  stain  cast  upon  them.  Yet  we  see  an  enlightened 
nation,  a  people  who  boasts  itself  a  scrupulous  observer  of  a 
religion  of  peace,  and  not  of  bloodshed,  of  a  religion  breathing 
naught  but  clemency  and  goodness — we  sec  a  council  com- 
posed of  men  respectable  in  age  and  rank,  to  make  reparation  for 
an  insult  to  their  flag  and  king,  pronounce  sentence  of  death 
on  men  whose  whole  attention  had  been  to  show  respect  for 

ant  pour  la  discipiinn  dcs  negrcs,  que  pour  modilres  la  trop  graiule  purete  dci 
maitrcs.     Ce  qui  il  flatti^  infiiiiinent  Ics  habitans. 

J'ai  I'honncurde  nous  addresser,  rordonnauce  que  M.  le  General  a  rcndue  a  ce 
sujct. 

Enfin  a  pres  tant  de  troubles  ct  de  discorrcs  qui  nnt  dosole  si  lorif;;tenips  cetto  co- 
lonie,  il  est  surprenanl  que  la  pjrescnce  d'uno  seule  personne  y  relablisse  cii  si  peu 
de  temps  Ic  boii  ordre,  la  pais  et  la  tranquilil'i.  Si  pour  le  boiiheur  de  ce  pays,  M. 
le  Guneral  y  fut  arrive  plutot  nnus  ti'aurions  jamais  rti!  t(;moitis  de  toutes  les 
caiamites  dont  il  a  cte  afllijfe.  A  cola  presdu  petit  noinbrc  de  Ciirnilles  (jui  sont 
dans  la  consternation  pour  la  juste  disgrace  de  Icurs  parens  qui  ont  ete  arretes, 
tout  le  restc  de  la  colonic  est  tranquille  et  content. 

Tons  les  habitans  sont  flattes  de  oc  que  Sa  M.ijestu  Calholiqu--"  Icur  a  envoye 
un  General  qui  ecoute  avcc  bonte  les  personnes  qui  out  ali'aire  u  lui,  craint, 
respecte,  et  aime,  pour  la  genurosite,  sa  bonte,  et  sa  justice  eiivtrs  tout  le  monde. 
11  fera  Ic  bonlieur  de  cette  colonic. 

J'ai  I'honneur  d'etre  avec  un  profound  respcc', 
De.  voire  Grandeur,  Monseigneur, 

Voire  triis  humble  et  ttes  obeissant  servilcur, 

(Signed)         Aubry. 
NUe.  Orleans,  1  Seplxmbre,  1709. 

Having  transferred  'he  province  to  Gejie/al  O'Reilly,  Aubry  now  prepared  to 
return  to  Franco.  In  the  beginning  of  the  year  1770,  he  embarked  on  board  a 
ship  bound  to  Bordeaux, with  all  his  prwpcrty,  and  the  public  papers  belonging  to 
the  province.  On  the  IStli  of  February,  as  the  vessel  entered  the  mouth  of  the 
Garonne,  she  encountered  a  violent  storm,  and  was  shipwrecked.  All  on  board 
perished  except  four  sailors,  who  succeeded  in  reaching  the  shore. 

The  King  of  France,  in  order  to  show  how  much  he  appreciated  the  services 
of  Governor  Aubry,  immediately  granted  pensions  to  both  his  brother  and  sister 
for  life.  The  otTicial  correspondence  of  Aubry  is  deposited  in  the  archives  at  Paris, 
but  his  private  journal,  with  the  valuable  archives  of  the  colony,  were  lost  with 
him  in  the  shipwreck. 

14 


ft 


I   {  t 


210 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


both — on  men  whose  lii)S,  as  moderate  as  their  conduct,  had 
uttered  no  insult  to  any  Spaniard,  not  even  to  the  author  of 
tlieir  evils — on  men,  who  had  acted  only  against  a  man  with 
no  recognized  title  or  authority  ; — on  men,  in  a  word,  whose 
innocence  O'Keilly  himself  had  attested  by  authentically 
taking  possession;  by  absolving  them  from  allegiance  to  the 
crown  of  France,  and  accepting  an  oath  to  the  iidclity  of  the 
Spanish  monarch. 

Let  us  for  a  moment  suppose  them  to  have  been  guilty  ;  had 
not  their  pardon  been  assured  them  by  an  autlieutic  promise, 
by  the  plighted  word  of  honor  of  O'lleilly  himself,  to  follow 
in  his  master's  name  only  clemency  and  goodness,  if  the  colony 
ofiered  no  opposition  to  his  taking  possession.  But  he  made 
hesitation  a  crime  on  the  inhabitants,  and  feigned  to  believe, 
as  lie  openly  declared,  that  the  deputation  sent  him  was  only 
a  pretext  to  examine  his  force,  and  sec  what  hope  there  was  in 
resistance. 

If  we  are  to  believe  public  report,  the  judge,  after  the  inves- 
tigation, found  nothing  criminal  in  the  accused.  "  Do  as  you 
.like,"  said  O'lleilly,  "I  must  have  six  victims." 

The  process  was  begun  again,  and  a  new  form  taken  to 
palliate  at  least  the  atrocity  of  the  sentence,  which  they  wished 
to  color  with  a  hue  of  justice. 

Shall  I  here  repeat  this  nnjust  and  barbarous  sentence?" 
Shudder,  generations  yet  to  be !  Shudder  with  horror  and  in- 
di'j;nation  !  Six  were  condeumed  to  confinement  more  or  less 


.1 


hm 


f«1 

n 


SE\Tr.NCE  OF  'fllK  COURT. 

*"Inthc  criminal  trial  instituted  by  the  kin",  our  sovereign,  to  discover  and 
punish  the  cliiefs  and  authors  of  the  conspiracy  which  broke  out  in  this  colony  on 
the  2'Jth  of  October,  17G8,  against  its  Governor,  Don  Antonio  dc  TJlioa,  all  the 
grounds  of  the  accusation  having  been  gubstaiitially  investigated,  according  to  the 
due  forms  of  the  law,  between  the  parties  on  one  side,  the  licentiate,  Don  Felix 
del  lley,  a  practising  advocate  before  the  royal  courts  of  fe't.  Domingo  and  Mexico, 
here  acting  in  his  capacity  of  attorney-general  appointed  by  me  for  the  king, 


^i 


as  you 


>?■::- 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


211 


protracted  ;*  six  more  to  be  liung,  and  tlicsc  in  coiusidcratiou 
fortlicir  families  were  shot  next  morninglf  In  vain  tlioy  ap- 
pealed from  tliis  unjust  and  informal  jud<^ment  U>  the  tribunal 
of  his  Catholic  majesty  ;  in  vain  they  demanded  the  rights  of 
humanity  and  justice;  in  vain  they  acted  the  due  resjiect  of 
nation  to  nation,  and  sovereign  to  sovereign;   in  vain  thev 

acconling  to  royal  authority  vested  in  ini',  and  on  the  ollu-r,  Nichi)las  (Jliauvin  df 
la  I'Venierp,  ex-uttorripy-^fi-nfra!  for  tlic  Kinj;  ot"  I'rancc,  and  the  Kenior  nipniluT 
of  the  Superior  Council,  Jean  IJaiiliMte  Moyan,  his  son-in-law,  Pierre  (.'arrsse. 
Pierre  Manjuis,  .InHeph  Milhet,  an  attorney  to  the  memory  of  Jo.se|)h  Villere,  on 
account  of  this  culjirit,  demise  in  jirison,  .losepli  Petit,  iJalthasar  Ma/.au,  .lerome 
Doucct,  Pierre  Hardi  de  Doishianc,  Jean  Milhet,  and  Pierre  Poupet,  aeeused  of 
havinjj  participated  in  the  aforesaid  crime  anil  in  thi!  suliseiiuent  seditions  which 
broke  out  a|^aini<t  the  Spanish  government  and  nation  ;  haviii<r  coni[iarcd  the  infor- 
mation, de[)osilions  and  other  documents  insetted  in  the  proces  verhal  of  this 
case;  Ijaving  compareil  the  confessions  of  the  accused  with  the  i)apers  fouiul  in 
the  possession  of  some  of  them,  and  hy  them  acknowledged  as  theirs  ;  the  accused 
being  heard  in  their  defence,  and  the  charges  hroughl  against  them  being  accom- 
panied with  their  respective  proofs;  having  heard  tin' conclusion  of  the  attorney- 
general  in  his  bill  of  indictment;  all  being  examined  and  considered  either  in 
point  of  fact  or  of  law,  in  a  case  replete  with  circumstances  so  grave  ami  so 
extraordinary  ;  and  taking  into  consideration  all  that  results  from  said  trial  to 
which  I  rel'er,  I  have  to  declare,  and  I  do  declare,  that  the  aforesaid  attorney- 
general  has  conij)letely  proved  what  he  had  to  prove,  and  that  t.ie  accused  have 
not  proved,  and  established  allegations  set  up  in  their  defence,  that  they  have 
made  out  no  exception  which  frees  them  from  the  crime  imputed  to  them,  and 
still  less  saves  them  from  the  penalties,  which,  according  to  our  laws  (.Spanish), 
they  have  im^urred  for  their  respective  shares  in  the  "Xcesses  which  have  been 
enumerated  by  the  attorney-general,  IJon  Felix  ilel  Rey  ;  so  that  from  tht;  pre- 
sent, I  have  to  condemn  the  aforesaid  Lafreniere,  \oyan,  (Jaresse,  Marcpiis  and 
jMilhet,  as  being  the  chiefs  and  principal  movers  of  the  aforesaid  conspiracy,  to 
the  ordinary  pain  of  the  gallows,  which  they  have  deservetl  by  the  intamy  of  their 
conduct ;  and  /;^vo  jure,  by  their  participation  in  so  horrible  a  crime,  and  to  be 
led  to  the  place  of  execution,  mounted  on  asses,  ami  each  one  with  a  rope  round 
his  neck,  to  be  then  and  there  hung  until  death  ensue,  and  to  riimain  suspended 
to  the  gallows  until  further  orders  ;   it  being  hereby  giv<'n  to  be  understood,  that 

*  De  Mazan,  Hardi  de  Boisblanc,  Petit,  MUhet,  senior,  Poupet  and  Doucet, 
were  transferreil  to  Spanish  sliips.  and  conveyed  to  Havana,  where  they  were 
treated  with  great  inhumanity,  and  detained  till  the  French  court  solicited  their 
liberation 

+  Lafreniere,  \oyan.  Caressc,  Milhet  >Tnd  Manjuis,  were  shot  in  the  yard  of 
the  barracks  on  the  Soth  of  October,  1769. 


I  f 


M 


'.m 


?f— 


It  i 


y. 


lit:  r  ' 


212 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


proved  that  tliey  had  never  ceased  to  be  Frciichmen  ;  that  never 
having  taken  any  oath  to  the  Spanish  king,  they  could  not  be 
guilty  tcnvards  him  for  sending  off  a  man  with  no  public  or 
acknowledged  authority;  in  vain  they  claimed  the  rights  of 
8ul)ject.s  of  the  king  of  France,  employed  in  his  service — the 
sentence  was  passed,  they  had  to  meet  it. 

Kow  their  patriotic  courage,  inflamed  by  the  certainty  of 
dying  innocent,  and  the  conviction  that  fidelity  to  their  king 
alone  brought  them  to  the  scaffold,  was  enkindkd  anew.  They 
exhorted  one  another  to  the  firmness  needed  in  that  fearful 

nny  one  having  the  trmcrity  of  carrying  away  their  bodies,  without  leave,  or  of 
contraveninir  in  whole  or  in  part,  the  execution  of  this  very  same  »f  n'enc",  shall 
suflVr  (loath.  And,  as  it  results  also  from  said  trial  and  from  the  dcchr  ition  of  the 
aforesaid  altorney-<;e!irral,  that  the  late  Joseph  Villcre  stands  coiiviclei'  likewise  of 
having  been  one  of  the  most  obstinate  promoters  of  the  aforesaid  C(,'n<*piracy,  I 
condemn  in  the  same  manner  his  memory  to  be  held  and  reputed  forever  as  infa- 
mous ;  and  doing  equal  justice  to  the  other  accused,  after  having  taken  into  con- 
sideration the  enormity  of  their  crime,  as  proved  by  the  trial,  I  condemn  the 
aforesaid  F'elit  to  perpetual  imprisonment,  in  such  castle  or  fortress  as  it  may 
please  his  majesty  to  designate  ;  the  aforesaid  Masan  and  Doucet  to  ten  years 
imprisonment ;  Pierre  Hardi  de  Doisblanc,  Jean  Milhct,  and  Pierre  Poupet  to  six 
years  imprisoinnent,  with  the  understanding  thatn  ^,'"  of  them  shall  ever  be  per- 
mitted to  live  in  any  one  of  the  dominions  of  his  Catholic  majesty,  reserving  to 
myself  the  care  to  have  every  one  of  these  sentences  provisionally  executed,  and 
to  cause  to  be  gathered  up  together  and  burnt  by  the  hand  of  the  common  hajig- 
nian,  all  the  printed  copies  of  the  document  entitled,  "  Memorial  of  the  Planters, 
Merchants,  and  other  inhabitants  of  Louisiana,  on  the  event  of  the  S9th  of  Octo- 
ber, I7f)8,"  and  that  all  other  publications  relative  to  the  conspiracy  be  dealt  with 
in  the  same  manner ;  and  I  have  further  to  decree,  and  I  do  decree  in  conformity 
with  the  same  laws,  that  the  property  of  e\ .  ry  one  .Ji'the  accused  be  confiscated  to 
the  profit  of  the  king's  treasury  ;  and  judging  definitively,  I  pronounce  this  judg- 
ment, with  the  advice  of  Dr.  Manuel  Jose  de  Urritia,  auditor  of  the  war  and  the 
navy,  for  the  harbor  and  city  of  Havana,  and  the  special  assessor  named  by  me 
for  this  cause,  under  the  royal  authority  ;  and  his  fees,  as  well  as  those  of  the 
ofticers  employed  in  this  trial,  shall  be  paid  out  of  the  confiscated  property,  in  tke 
manner  prescribed  by  law. 

(Signed)  "  Alexander  O'Reilly. 

(Countersigned)         "  Manuel  Jose  be  Urritia." 

This  sentence  was  afterwards  modified  to  shooting,  instead  of  hanging  the 
prisoners. 


i 


-tlio 


IIISTOUICAL  MKM0IU3  OF  LOUISIANA. 


213 


moment ;  hut  the  Lloody  i)ivj)arations  were  no  terror  for  tliein; 
they  udviincod  witli  tlmt  tranqviillity  and  Hrnine.sswhicli  a  fool- 
ing of  iunoocnco  gives.  Phioed  sido  liy  sidf,  facing  tlioir 
butchers,  their  hands  raised  to  the  God  who  avenges  the  inno- 
cent and  rewards  tlio  virtuous,  they  absohitely  refused  to 
bandage  their  eyes.  "  Death  has  no  terror  for  us,"  said  ^^.  lo 
^farquis,  and  witli  the  greatest  sang  froid  asked  for  a  piiieh  of 
snulf.  "  Know  tliat,  foreigner  as  I  am,  my  lieart  is  French  ;  it 
has  always  beat  for  Louis,  the  well-beloved,  to  whose  service  I 
have  sacrificed  thirty  odd  years  of  my  life,  and  I  glory  in 
dying  for  my  attachment  to  him." 

"  Let  this  consoling  idea  bear  us  up,"  said  ])i>  la  l^'renit^rc, 
"  and  reconcile  us  to  the  cruel  separation  which  tlic  i<lea  of 
our  death  might  otherwise  render  insupportable.  May  our 
"well-beloved  king  learn  how  dear  ho  was  to  us,  how  wo  glory 
to  die  his  faithful  subjects.  If  ho  can  be  informetl,  let  us  not 
be  solicitous  for  the  fate  of  our  wives  and  children — to  his 
generous  hands  we  resign  them.  To  die  for  our  king — to  die 
Frenchmen — is  there  anything  more  glorious?  This  idea  so 
exalts  my  mind,  that  if  at  this  terrible  moment,  wlien  I  am 
ready  to  ajipear  before  the  Eternal,  the  Spaiuards  oflered  me 
life  on  condition  of  my  renouncing  my  French  allegiance,  I 
would  as  firmly  as  now  say, — Fire^ 

Hands  trembling  at  the  sight  of  this  heroic  courage,  dared 
execute  this  savage  command.  M.  de  la  Freniere  fell  bathed 
in  blood  ;  but  the  Eternal  refused  to  receive  a  soul  which  he 
had  placed  on  earth  to  l)e  its  ornament.  M.  de  la  Freniere, 
still  palpitating,  laid  his  hand  on  his  heart,  thev  thought  th 


'01 


ney 

heard  him  say,  "  It  is  French,"     A  second  discharge  annihila- 
ted life,  after  these  signal  proofs  of  his  patriotism.     The  rest 


were 


already 


no 


mor 
give 


Let  us  here  give  free  vent  to  our  tears ;  they  are  too  just  a 


w'il 


■4 


I 


il 


niSTdiaCAI,  MliMuIllH  01''  LOLISIAXA. 

tribiito  t(j  1)L>  rofiisod;  tliey  would  flow  di'S]iil(;  tlic  lianlost 
heart.  Let  us  tnuisiait  to  posterity  tlic  iiaiiifs  of  tlio  mx 
victims  \v\u)\n  \v<'  depluro  :  M.  (h  la  Frc'iiirrc,  Lo  MarfjuiH, 
Do  Noyan  aii<l  VilltTt',  all  citiincctod  })y  blood  and  tricndsliii), 
all  superior  lo  auy  eulogy  we  can  jrive.  The  other  two  wore 
Messrs.  Caressc;  and  Milhet.  Let  us,  with  the  colony,  j*jin  in 
regret  on  the  death  of  ^^.  de  Noyan.  All  .seemed  t(»  eond)iiie  for 
liis  sal'ety  ;  shining  merit,  regard  due  tu  his  hirth,  and  the  ser- 
vicoH  of  his  faniil}'  in  the  colony,  iho  respect  duo  to  the  French 
king  in  Avhosc  service  lie  was  employed,  and  who  alone  had  a 
right  to  dis})oso  of  his  life.  What  adds  still  inoi-e  to  our  regret 
is,  the  generous  manner  in  which  this  young  man  devoted 
himself  to  death,  as  wo  have  already  seen  that  il  lay  with  him- 
self to  escape  an  arrest. 

It  is  said  that  in  the  course  of  the  interrogatories,  O'Keilly 
did  all  he  could  to  save  him,  Lut  that  M.  de  Noyan,  in  hopes 
of  exculpating  his  father-in-law,  always  turned  the  accusations 
on  liimself.  It  is  added,  that  0'l?eilly,  when  about  to  sentence 
him,  said  :  "  Sir,  it  depends  on  yourself  to  save  your  life  ;  give 
us  a  pretext  for  doing  so ;  say  that  you  were  led  to  the  steps 
laid  to  your  charge ;  say  that  your  father-in-law" — "  I  will 
not  stain  ni}'-  name  to  save  my  life,"  replied  this  generous 
officer,  *'  interrupting  him,  "I  will  die  worthy  of  your  esteem 
and  your  regret,  nor  will  I  tarnish  my  soul  by  an  odious  false- 
hood. No  one  could  suggest  to  me  the  actions  you  make  a 
crime;  accuse  my  love  of  country,  my  love  of  the  king  I 
serve — this  is  the  mainspring  of  my  conduct."  This  magna- 
nimity.made  no  impression  on  O'Keilly. 

AVretched  wives,  desolate  families!  Your  cause  is  that  of 
humanity  ;  the  Avhole  universe  is  about  to  plead  by  my  lips; 
let  equity  decide  in  this  matter!  The  policy  that  they  would 
set  up  in  such  cases  is  a  barbarous  atrocity.     In  vain  did  you 


*f 


lIISTOUlCAr,  MKMOIUS  CI'  LOUISIANA. 


216 


try,  by  your  mournful  eric?,  to  move  tlie  harcloncd  heart  oftho 
most  cruel  of  iiirii.     Blomltliirsty  tiger!  thy  savage,  l)ar'i".»-ouH 
soul  Htill  drinks  in  tlie  tears  of  those  wreteheil  wives,  vainly 
imploring  at  the  door  of  justice  (a  virtue  which  you  nrwr 
knew),  clemency  and  pily,  sctitiments  foreign  to  your  lu'art. 
Were  you  even  touched  at  thtr   moving  spectacle  of  Mtnc. 
do  Noyan,  humbled  so  as  to  kneel  at  your  door?     Shudder 
wretch!  you  should  falh     Consider  the   illustrious  blood  to 
which  that  lady  is  allied,  and  kneel!     Hear  the  mound'ul  cry 
of  that  wretched   mother,  daughter,  wi'e;  behold  her  youth, 
her  love,  ami  extend  a  protecting  hand — but  no!  close  thy 
fierce  eyes,  close  th}'  ears,  open  only  to   falsehood  ;  dread  to 
hear  the  piercing  cry  of  children  for  their  fathers;  wives  for 
their  husbands;  citizens  for  their  virtuous  countrymen,     lie- 
spect  neither  the  laws  of  humanity  nor  those  of  justice;    sate 
thy  rage  and  cupidity  ;  do  more  evil  in  a  day  than  a  Nero  or 
a  Caligula ;  dare  more — dare  to  say  that  the  sentences  from 
thy  infamous  li[)S  had  been  dictated  by  thy  king.     This  hor- 
rible blasphemy  alone  was  wanting. 

But  do  not  expect  to  impose  upon  the  public  by  this  respect- 
able veil.  Thy  conduct  is  still  that  of  an  imposter,  a  savage 
and  a  knave.  Posterity  will  never  believe  that  a  beneficent 
king,  a  Bourbon  (clemency  and  goodness  are  in  the  blood 
of  every  prince  of  that  illustrious  blood),  resolved  to  shed 
innocent  blood.  It  will  scarcely  be  realized  that  he  could 
have  chosen  one  so  false  and  unjust  to  bear  to  his  sub- 
jects the  mark  of  the  clemency,  goodness,  benevolence,  with 
which  the  world  knows  his  heart  is  filled.*  The  Eternal  who 
judges  us  awaits  thee  in  that  fearful  moment,  when  a  strict 


♦  Tliis  is  cprtainly  carrj'ing  flattery  to  its  highest  point.  The  orders  of  a  Span- 
ish king  of  tliat  day.  were  precise  and  witiioiit  any  liberty  to  tlie  officer.  Tho 
usual  ending  was,  "  .So  pcna  de  niuerte,"  wliich  wc  need  not  translate. 


'^IG 


HISTOKICAL  MEMOIilS  OF  LOUISIANA. 


account  must  be  rendered  of  tliv  motives  in  actinj?.  But 
before  this  public  indignation,  tlie  contempt  of  a  worthy  nation 
whom  thou  wouldst  make  the  aecomphce  of  thy  villany,  tlie 
gnawing  worm  that  will  unceasingly  attend  thee,  are  the  just 
feelings  that  thou  shalt  experience  in  this  life.* 

Let  us  here  repeat,  what  Capt.  Pittmanf  writes  on  this  fright- 
ful event:  "  You  could  cast  your  eyes  on  this  bloody  tragedy 
only  with  horror  and  execration.  Such  u  treason,  used  to 
destroy  an  enemy  or  punish  a  criminal,  dishonors  a  nation  and 
degrades  the  name  of  justice." 

But  should  public  indignation  fall  on  O'Reilly  or  on  Ulloa? 
The  former,  it  is  said,  only  executed  the  orders  of  the  court. 

First  let  us  lay  it  down  as  perfectly  impossible  that  a  cabinet 
as  enlightened  and  equitable  as  that  of  Madrid,  directed  by  a 
just  and  merciful  king,  should  have  i)ronounced  a  sanguinary 
decree  against  men  accused  indeed,  but  not  yet  heard.  If  on 
Ulloa's  mere  report  they  were  judged  guilty,  the  truth  of  that 
report  was  still  to  be  examined ;  the  accused  must  be  heard 
and  be  confronted  with  their  accusers.  All  these  formalities 
should  precede  judgment.  Hence  it  would  be  a  breach  of  the 
resjiect  due  to  the  cabinet  of  Spain  to  suppose  it  had  pro- 
nounced a  definitive  sentence  in  the  matter.  That  O'Reilly  had 
orders  from  his  court  to  arrest  them,  to  try  them,  is  probable, 
as  the  Spanish  king  believed  them  his  subjects,  and  in  this 
point  of  view  they  would  have  been  guilty  of  exix'lling  a 
recognized  officer.  But  Aubry,  by  absolving  the  colonists 
from  the  oath  of  allegiance  to  France,  declared  that  they  had 
not  ceased  to  be  French,  and  O'Reilly,  by  taking  the  oath  of 
allegiance  to  the  Spanish  king,  established  authentically  and 

*  This  prognostic  was  soon  after  realized. 

+  Pittmaii  was  an  Encrlish  oflicor  belonijingto  the  corps  of  engineers  stationed 
at  Mobile.  Ho  wrote  a  work  on  "Tlie  .State  of  tlie  European  Settlements  on 
the  Mississippi,"'  which  was  publislied  in  London,  1770. 


IIISTOEICAL  MEMOIRS  OF  LOUISIANA. 


217 


manifestly  the  injustice  of  all  the  proceedings  he  was  about  to 
institute.  And  against  whom  ?  Against  men  whu  could  nut 
violate  an  oath  they  had  not  taken ;  whose  actions  all  tended 
to  show  their  attachment  to  the  monarch  whose  subjects  they 
still  were.  Then  did  it  become  a  crime  to  be  a  faithful  and 
patriotic  subject? 

The  Spanish  court  might  have  been  deceived  by  the  infor- 
mal act  of  possession  passed  between  Aubry  and  L'llua:'  an 
act  of  no  force  as  regards  the  colonists,  who  knew  nothing  of  it, 
an  act  irregular  on  its  very  face.  Ulloa  may  have  persuaded 
his  court  what  he  could,  but  not  O'Reillv,  who  was  on  the 
spot.  Did  he  believe  the  act  valid?  Did  he  believe  the  colo- 
nists subjt'cts  of  his  sovereign,  at  a  time  when  he  sees  Aubry 
absolve  them  from  the  oath  that  bound  them  to  the  king  of 
France  ;  at  a  time  when  he  receives  their  oath  to  be  as  faith- 
ful to  the  king  of  Spain  as  they  had  hitherto  been  to  the  king 
of  France?  Do  not  these  formalities  prove  that  O'lleilly 
believed  the  colonists  still  Frenchmen  when  he  arrived  in  the 
colony,  and  that  the  dismissal  of  Ulloa  was  not  the  expulsion 
of  a  Spanish  governor,  but  of  a  stranger,  assuming  to  be 
invested  with  a  title  which  would  have  given  him  a  right  to 
authority  had  he  shown  it.  Is  it  not  public  and  notorious  that 
the  dismissal,  far  from  being  seditious,  was  done  with  the 
greatest  decency,  the  greatest  respect  for  the  Spanish  flag,  and 
the  utmost  attention  to  insult  no  native  of  Spain  ?  that  the  colo- 
nists, to  obtain  justice,  had  recourse  to  the  tribunal  appointed 
by  the  French  king,  whose  sole  authority  was  recognized  ? 

Is  the  judgment  of  the  Supreme  Council  on  Ulloa  made  a 


*  See  letter  fri)m  Aubry  to  Choiseul,  in  the  Arehivcs  at  Paris,  explaining  the 
reasons  why  llloa  hesitated  taking  possession  of  the  province,  and  anot|ier  from 
Choiseul  to  Aubry,  approving  his  conduct  of  governing  the  colony  for  the  king 
of  Spain,  July,  ITOti. 


M 


u'Ui^ 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


crime?     Lot  us  read  its  justification  in  the  memorial  on  these 
sad  events."' 

*'  If,  on  the  part  of  the  inhabitants,  representation  to  the 


[This  memorial  wa«  drawn  up  by  Lafrcnirfrc.  at  the  request  of  the  merchants  ami 
planter?,  to  justify  the  Revolution  of  the  28th  of  October,  17G8.] 

*  MKMOKIAL    OK  THE   MERCUANTS   AM)   I'LAXTHRS   OK   LOIISI  ANA,  ON    THE    EVENTS  OK 

THE  29tF1   of  OCTOBER,    170S. 

To  the  World: — The  magistrates  of  the  Supreme  Council  of  Louisiana,  eye- 
witnesses  of  tlie  calaniily  which  adlicted  us,  could  no  loni.'er  turn  a  deaf  ear  to 
the  plaintive  cries  of  an  oppressed  i>eople.     The  decree  of  October  2!)tli,  which 
followed  our  huinlde  remonstrance,  is  a  proof  of  the   innninencc  of  the  dangers 
which  environed  us,  and  the  weight  of  the  yoke  which  begun  to  crush  us.     In- 
duced by  the  state  of  alfairs  to  believe  that  great  evils  require  prompt  and  power- 
ful remedies,  our  magistrates  did  not  hesitate  a  moment  to  take  the  necessary 
step  of  sending  off  the  self-styled  governor,  for  his  Catholic  majesty  to  render 
him  an  account  of  his  conduct.     Hut  their  diligent  care  was  not  confnied  merely 
to  calming  the  disgust  of  a  groaning  peo[»le  ;  they  have  also  empowered  them  to 
bear  this  petition  and  requests  to  the  foot  of  the  throne,  convinced  that  the  com- 
passionate eye  of  their  natural  sovereign  would  turn  to  such  devoted  subjects,  and 
that  their  respectful  love  for  their  monarch  would  not  be  rejected  by  iiis  beneficent 
majesty,  the  image  of  the  All-prese.'-'ing  Being  for  his  people  on  earth.     Zeal- 
ous Frenchmen,  whose  property  and  families  are  on  this  continent — you,  whose 
pure  hearts  need  not  your  monarch's  eye  to  arouse  you — you,  whose  zeal  for  your 
incomparable  monarch  has  suffered  naught  by  crossing  the  vast  ocean,  by  min- 
gling with  strfingers,  by  the  constant  activity  of  a  neighboring  and  rival  nation, 
calm  your  disquiets  as  to  the  cession  of  this  province.     Our  great  king  seems  in 
his  letter  announcing  it,  to  have  a  presentiment  of  the  alarms.     He  made  himself 
mediator  of  our  cause  with  his  Catholic  majesty,  induced  us  to  expect  from  him 
the  same  marks  of  good-will  and  protection  as  those  enjoyed  under  his  beloved 
rule.     These  august  sentiments  embolden  our  love.     May  the  cries  of  joy,  may 
the  "  Vive  le  Iloi,"  so  often  shouted  around  our  flag  on  the  day  of  the  revolution 
and  the  two  following  days,  be  renewed  without  (ear !     May  our  feeble  organ 
teach  the  world  and  [)osterity,  even  that  this  loved  rule  under  which  we  wish  to 
live  and  die,  to  which  we  offer  the  wreck  of  our  fortunes,  our  blood,  our  cliildrcn 
and  families,  is  the  rule  of  Louis,  the  well-beloved. 

The  colony  of  Louisiana  was  ceded  to  his  Catholic  majesty  by  a  private  act 
passed  at  f^ontainebleau,  November  3,  1763,  and  accepted  by  another  act  passed 
at  the  Escurial,  on  the  13th  of  the  same  month.  The  king,  by  a  letter  written  at 
Versailles  on  the  21st  of  April,  1704,  to  M.  d'Abadie,  then  director-general  and 
commandant  for  his  majesty  in  Louisiana,  announcing  this  cession,  testifies  at 
the  sairie  time  his  hopes  for  the  advantage  and  tranquillity  of  the  colonists,  and 
his  trust  that  from  the  affection  and  friend.sbip  of  his  Catholic  majesty,  "he 
will  give  orders  to  his  governor,  and  all  other  officers  employed  in  his  service  in 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


210 


council  was  the  only  way  open  to  themselves,  was  there  not  an 
obligation  on  the  council  to  riglit  them?  Could  it  refuse  to 
listen  to  the  repeated  protests  of  the  colonists  and  principal  in- 
said  colonj',  lo  continuo  in  their  functions  the  ecclesiastics  niul  reli^jious  in  charge 
of  parishes  anil  missions — ami  continue  tlie  ordinary  juiliics  as  well  as  the 
Superior  Council,  to  render  justice  accordini;  to  the  laws,  forms  and  usaj^'cs  of 
the  colony — and  would  guard  and  maintain  the  colonists  in  their  possessions — 
hoping,  nioreover,  that  his  Catholic  majesty  would  show  his  new  suiijects  in 
Louisiana,  the  same  marks  of  good  w^ill  and  protection  displayed  in  the  previous 
government,  anu  of  which  the  miseries  of  war  had  alone  prevented  their  feeling 
greater  efTects.  He,  moreover,  orders  his  letter  to  he  registered  in  the  Superior 
Council  at  New-Orleans,  that  the  dilVerent  orders  of  the  colony  may  he  acciuaint- 
cd  with  its  contents,  and  refers  to  it  in  case  of  need  ;  his  present  letter  having 
no  other  object."  Happy  and  consoling  prospect  produced  in  our  hearts  hy  the 
promises  of  the  most  august  and  respected  of  monarchs  I  hy  what  fatality  have 
you  vanished ! 

Ulloa  arrived  at  the  Balizo  on  the  28th  of  February,  1700,  in  a  20-gun  frigate, 
with  about  eighty  soldiers,  some  Spanish  capuchins  and  employt's.  He  landed 
at  the  city  on  the  Sth  of  March,  a!id,  accompanied  hy  nieuihers  of  the 
council,  who,  in  spite  of  a  storm  of  rain,  went  to  his  baat ;  he  passed 
through  a  double  line  formed  by  the  regular  troops,  the  [irovincial  militia, 
and  the  roar  of  cannon  and  public  acclamations.  He  at  first  resjionded  to  these 
signal  marks  by  the  most  brilliant  promises,  but  the  sequel  did  not  j)rove  their 
solidity.  Without  entering  into  minute  and  ridiculous  details  of  his  private  life, 
wc  shall  retrace  his  public  acts.  If  his  principal  aim  was  to  destroy  by  the  first 
acts  of  his  clat.  Jestine  administration  the  flattering  hopes  we  entertained,  he 
succeeded  perfectly. 

To  evnice  more  clearly  the  first  ground  of  complaint  on  our  side,  we  must  ob- 
serve, that  the  trade  with  the  Indian  tribes  is  one  of  the  principal  branches  of 
connnerce  ;  so  intimately  connected  with  the  planter's  interest,  that  one  is  tlic 
spring  of  the  other.  This  trade  is  a  very  |)rofitable  market  for  the  productions 
of  several  factories,  and  with  encouragement  would  extend.  It  is  a  rich  nime — 
the  opi'ning  of  which  offers  treasures  more  considerable  than  the  metallic  veins 
of  Potosi.  and  to  increase  as  fh(!  trader  increases  his  commerce.  From  this 
inexhaustible  source  flow  a<lvantages  both  public  and  private  ;  the  merchant 
Op.dr;  in  it  a  market — the  man  without  means,  employed  as  a  trader  and  voya- 
geur,  finds  means  of  subsistence  and  lays  up  some  money.  The  aflVction  of  the 
people  is  sustained  by  the  intercourse  with  Frenchmen,  eager  to  procure  things 
which  a  knowledge  of  them  has  rendered  necessary.  And,  lastly,  public  security, 
which  this  trade  with  the  Indian  tribes  that  surround  us  has  created,  is  main- 
tained by  it ;  but  this  is  not  the  only  benefit  which  results  from  it,  f)r  the  colony 
in  general.  Ships  from  Europe  and  the  West  Indies,  attracted  by  the  hope  of 
a  profitable  return,  bring  us  the  provisions  wc  need,  and  finding  in  our  .stores 
peltries,  oa  which  they  hope  to  profit,  furnish  us  these  supplies  at  ;i  lair  price  ; 


1%: 


220 


IIISTOmCAL  MEMOIRS  OF  LOUISIANA. 


habitants,  against  the  formation  of  new  establishments  in  the 
country  witliout  the  formal  act  of  oppression?  Did  not  the 
very  orders  of  the  king  make  that  tribunal  a  guardian  of  the 

which  hfcoinrs  excessive  wlicn  thoy  }iave  to  sail  away  iii  ballast.  These  facts — 
these  solid  ;iilvaiitai,'('.s,  linvc  been  regarded  uy  our  worthy  ministers,  whenever 
their  express  orders  have  eiicoura^fed  traders,  by  reconiineiidinj^  I'rce-trade.  The 
reality  has  been  ackiiowledijed  and  expressly  declared  by  the  Uiike  de  Choiseul, 
in  his  letter  to  M.  d'Abadie,  under  date  of  Tebruary  9th,  1765.  All  the  Tpper 
Mississippi,  and  the  northwest  on  the  Missouri,  was  then  offered  to  our  activity. 
Countless  tribes,  rich  in  rare  furs,  inhabiting  these  unknown  i>arts,  would  soon 
be  subjected  to  our  factories  alone.  The  discoveries  to  be  made  in  those  fint 
countries  would  be  reserved  to  our  clTorts,  and  our  eyes  would  for  the  first  time 
explore  that  part  of  the  globe  still  unknown  to  civilized  man.  How  encouraging 
for  us  are  the  intentions  of  this  wise  minister]  With  transports  of  gratitude  we 
beheld  him  turn  his  attention  not  only  to  the  re-establishment  of  our  fortunes, 
ruined  by  the  evils  of  war,  and  the  increase  of  our  resources  almost  annihilated 
by  the  very  conditions  of  peace,  but  also  extend  his  views  to  geographical  dis 
coveries,  and  trace  in  the  same  tableau  the  path  of  fortune  and  glory.  A  mag- 
nificent project  wliich  Ulloa  deranged,  and  would  doubtless  liave  destroyed. 
We  do  not  seek  to  fathom  his  motives,  and  contine  ourselves  to  the  narrative  of 
liis  persevering  ellbrts  against  free-trade.  They  began  on  the  very  spot  by  a 
general  prohibition.  The  traders  and  settlers  in  Illinois  complained.  They 
showed  M.  de  .Saint  Ange,  the  French  commander  in  that  port,  the  certainty  of 
their  ruin,  and  the  inevitable  danger  of  their  being  plundered  and  perhaps  mur- 
dered by  the  Indians,  who,  ignorant  and  careless  of  political  considerations,  ask 
only  for  a  constant  supply  of  goods  and  a  market  for  their  furs.  In  spite  of  the 
repugnance  of  Sefior  Rice,  a  Spanish  captain  sent  by  Ulloa  to  Illinois,  as  com- 
mandant the  traders  went  to  the  villages  this  year  also,  although  limited  to  a 
certain  number;  these,  howevorwere  the  last  efforts  of  their  expiring  privileges, 
and  Ulloa  about  the  same  time  granted  to  five  or  six  individuals  an  exclusive  trade 
in  the  country,  recommended  by  our  ministers  to  general  emulation. 

The  lumber  trade  is  anothui  object  of  attention  to  the  merchants,  whose 
interests  we  have  just  seen  are  so  closely  connected  with  those  of  the  planter. 
In  the  representations  made  to  the  Superior  Council  of  the  province,  it  was  shown 
that  the  value  of  this  article  exceeded  100,000  livrcs  a-year — an  assertion  which 
no  one  contradicts.  This  business,  which  the  nature  of  the  country  presents  to 
each  with  a  profit  in  projiortion  to  the  means  which  he  can  em|iloy,  but  always 
certain  in  that  degree,  is  the  first  effort  of  the  new  jjlanter,  and  the  steady  object 
of  the  old  one.  Deprive  Louisiana  of  free-trade,  close  the  market  for  her  wood, 
and  from  that  moment  you  condemn  the  merchant  and  planter  to  indolence  and 
want.  'I"hc  ordinance  issued  September  6th,  170(5,  was  but  a  warning  of  this 
misfortune.  His  (Jatholic  majesty  informed,  we  were  told,  of  all  that  concerned 
the  provisioning  and  utilizing  of  the  country,  deigned  so  fir  to  favor  the  inhabit- 
ants as  to  permit  the  export  of  lumber  in  vessels  from  St.  Domii.go  and  Mar- 


1. 


whoso 
planter. 
s  sliown 

1  which 
sonts  to 
always 
1)'  object 

r  wood, 
ncc  and 
I  of  this 
jiiccrned 

inhabit- 

ud  Mar- 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


221 


public  peace,  over  which  it  was  expressly  enjoined  and  recom- 
mended to  watch." 

Did  not  all  these  reasons  tend  to  convince  O'Eeillj  of  the 

tiniqnp,  till  means  were  found  in  Spain  of  carrying  on  that  trade.  But  what 
probability  is  there  of  our  lumber  trade  being  taken  up  in  Spain  !  Tliis  was 
plunging  the  dagger  gradually  in  ;  the  death-blow  was  given  by  the  decree.  In 
the  first  article  it  is  said  that  the  shipping  shall  be  only  at  the  ports  of  Seville, 
Alicant,  Carthagena,  Malaga,  Barcelona,  Corunna,  &c.  In  the  eighth,  that  the 
returns  shall  be  made  to  the  same  ports  ;  in  the  third  article,  vessels  sent  to 
Louisiana  must  be  Spanish  bottoms,  and  the  captain.s  and  crews  Sj)ani.sh  or 
naturalized.  Finally,  in  the  fourth  and  ninth  articles,  vului'tariiy  putting  into 
any  American  port,  even  in  Spanish  territory,  is  forbidden,  and  an  involuntary  one, 
subjected  to  onerous  versifications  and  impositions.  Had  we  then  the  faintest 
gleam  of  ho[)e  for  our  lumber  trade  to  the  French  colonies  of  St.  Domingo  and 
Martinique,  the  only  spots  where  it  had  any  value  1  Ye  imprudent  censors, 
whose  unfounded  reflections  may  extend  to  our  conduct  in  this  revolution,  try, 
by  your  mathematical  combinations,  to  restore  the  broken  harmony,  liy  according 
it  to  the  decree,  hut  first  think  of  furnishing  us  means  of  subsistence. 

Besides,  what  apparent  ret-ource  could  even  suspend  our  just  forebodings  ?  The 
products  of  our  lands  and  conmierce  consist  in  lumber,  indigo,  furs,  tobacco, 
cotton,  sugar,  pitch  and  tar.  Furs  have  little  value  in  Spain,  as  they  are  not  in 
use,  and  those  used  are  made  up  abroad.  Havana  and  Peru  su|t|)iy  wood  and 
sugar  far  preferable  to  ours  ;  Guatemala,  a  superior  indigo,  and  in  quantities 
greater  than  their  factories  consume;  Peru,  Havana  and  Campeacly,  cotton  ; 
the  Isle  of  Pines,  pilch  and  tar;  Havana  and  the  Spanish  part  of  St.  Domingo, 
tobacco.  Those  grown  by  us,  inferior  to  those  produced  by  those  vast  territo- 
ries, and  useless  and  superabundant  in  her  ports,  are  rejected  there,  or  reduced 
to  a  nominal  value.  What  return  then  can  we  e.vpect  from  shipments  made  to 
the  {)orts  named  in  the  decree!  On  the  other  hand,  the  small  number  of  factories 
in  Spain,  with  the  little  aid  given  there  to  maritime  cities  by  home  agriculture, 
forces  Spanish  subjects  there  to  resort  to  foreign  ports  for  provisions  of  every 
kind.  Marseilles  sup|)lies  her  ports  with  grain,  as  they  cannot  obtain  it  at  home 
without  the  e-Kcessive  expense  of  a  laborious  land  carriage  in  a  mountain  country. 
The  whole  nation  too.  is  tributary  to  all  the  manufacturing  countries,  and  the 
most  siirnal  favor  that  Providence  has  done  her,  was  to  make  her  mistress  of 
Mexico  and  Peru  to  purchase  her  first  necessaries.  Rich  by  industry  alone,  can 
we  expect  Spain  to  furnish  ours  suirieicntly  and  cheaply,  when  she  herself  is 
obliired  to  buy  her  own  in  cash  and  at  high  rates  !  In  spite  of  the  perhaps 
momentary  exemption  announced  by  the  decree  of  all  duties  on  shipments  to 
Louisiana,  these  sad  truths  known  to  the  whole  world,  coupled  with  the  certain 
depreciation  of  our  products  in  the  Spanish  ports,  have  made  us  justly  fear,  that 
our  crops,  though  abundant,  far  from  rewarding  our  industry  as  heretofore,  by 
often  giving  us  superfluities,  will  cease  to  supply  even  pure,  simple  necessaries. 
From  these  observations,  superficial  indeed  compared  to  the  certainties  from 


.i'  i 


■T  * 


222 


niSTORICAL  MEMOIRS  OF  LOUISIANA. 


innocence  of  tlic  accused?  And  even  if  he  had  received  from 
his  royal  master,  which  is  out  of  the  question,  the  cruel  order 
to  condemn  them  to  death,  should  lie  not,  before  pronouncing 

which  thf  y  arc  deducted,  can  we  for  a  moment  doubt  that  this  colony,  as  far  as 
its  proJuctitnis  are  concerned,  will  be  useless  to  Spain,  and  that  the  political 
views  in  the  treaty  ol'  cession  was  confined  to  the  sole  object  of  making  a  bulwark 
for  Mexico.  But  will  the  misery  of  the  colonists  give  strength  to  that  bulwark  1 
What  madness  to  undermine  our  rising  fortunes  by  destroying  free-trade,  when 
even  these  {lolitical  views  do  not  seem  to  require  the  sacrifice  !  Everything 
induces  us  to  believe  that  !iis  Catholic  m.ajesty  desired  first  to  learn  by  the  reports 
of  his  envoy,  the  causes  which  produced  and  the  means  which  maintained  our 
prosperity.  Our  king's  promises  assured  us  of  the  good  will  of  our  new  sove- 
reign and  the  mildness  of  his  ii-.'^^nded  administration.  The  officers  of  the  Span, 
ish  king,  on  their  arrival,  announced  the  continuance  of  our  commerce  for  at 
least  ten  years  ;  the  source  of  our  wants  known  in  Spain,  without  our  oven 
indicating  it,  was  left  ojien  to  our  activity;  but  on  seeing  the  decree, can  wo 
doubt  that  I'lloa,  charged  with  that  report,  as  stated  in  the  ordinance  published 
here  on  the  Gtli  of  September,  17GG,  is  the  author  of  the  calamities  which  threaten 
ns,  and  that  having  [irojected  our  ruin,  his  untrue  reports  have  prevented  the 
cffi'ct  of  that  good  will,  which  his  master  undoubtedly  intended  to  show  us. 

It  is  vain  to  object  that  the  last  article  of  the  decree  permits  us  to  draw  from 
Spanish  ports  the  fruits  and  goods  from  Louisiana  to  sell  them  in  foreign  coun- 
tries, if  there  is  no  market  in  Spain,  and  that  witliout  paving  any  export  duty. 
What  avail  is  all  tliis  pretended  advantage  to  us  1  Let  us  not  count  the  articles 
of  the  dt  cree,  but  observe  its  s|)irit,  and  read  none  of  the  articles  without  follow- 
ing the  close  cor.neetion  between  them  all.  We  arc  indeed  permitted  to  sell  in 
foreign  countries,  j)roducts  unsaleable  in  Spain,  but  on  what  conditions  1  Our 
merchants,  naturalized  in  Spain  (decree,  art.  3),  must  go  to  the  ports  of  .Seville, 
Malaija,  iVc  .  and  pay  five  j)cr  cent.  (art.  1")  ;  forced  by  the  refusal  of  their  cargo 
to  leave  these  ports  and  go  to  seek  a  market  in  the  neighboring  countries,  they 
must  return  in  hallast  to  Spain  (art.  1)  ;  to  take  in  a  cargo  of  fruits  and  goods 
already  into  Spain  after  ))aying  import  duties  (art  7).  Does  this  expensive 
voyage  dispel  our  sad  reflections  on  the  general  want  that  threatens  us  ]  Add  to 
this,  the  ships'  expenses,  estimated  by  our  chambers  of  commerce  at  3.000  livres 
a  month  for  a  vrs.sel  of  300  tons,  the  unloading  in  a  Spanish  port,  reloading  for  a 
foreign  market,  double  commission,  insurance  and  storage,  the  increase  of  avaries, 
(duties)  whieli  foreign  nations  will  of  course  charge  on  goods  coming  from  Spain, 
and  we  behold  tiie  decree  as  a  kind  of  alembic,  devouring,  rarefying  our  crops  to 
their  quintessence. 

Our  king's  ])roinises  in  his  letter  of  April  21st,  1704,  induced  us  to  ';iopc  that 
we  would  always  luive  the  same  laws  to  follow  and  the  same  judges  to  hearken 
to.  Yet,  what  a  blow  was  given  to  this  article  by  Ulloa  at  the  very  out.set  of  his 
administration?  He  had  not  yet  taken  possession  ;  his  coinmission  has  never 
been  verilied,  enrolled,  or  even  presented  ;  no  tie  yet  binds  us  to  his  authority  ; 


li 


I  from 
order 


incing 


as  far  as 
political 
bulwark 
uiwark  1 
Ic,  when 
crything 
e  roporta 
lined  our 
?w    sovc- 
the  Span- 
ce  for  at 
our  oven 
e.can  wo 
published 
I  threaten 
cntcd  the 
IV  us. 
Iraw  from 
■ign  coun- 
port  duty, 
le  articles 
|ut  follow- 
to  sell  in 
Ins  1     Our 
if  Seville, 
,cir  cargo 
^ries,  thry 
id    goods 
|c.\  pensive 
Add  to 
[OOO  livres 
[ding  for  a 
>f  avnnrs, 
Lnn  Spain, 
r  crops  to 

l.iopc  that 
hearken 
Itset  of  his 
lias  never 
Lulhority ; 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


223 


sentence,  prove  to  the  king  that  he  had  been  deceived,  that 
the  colony  never  having  ceased  to  be  governed  in  the  name  of 
the  French  monarch,  the  inhabitants  were  not  guilty  of  any 

nothing  but  a'  respectful  deference  for  the  character  which  he  is  supposed  to 
bear,  pronuses  him  our  obedience  ;  and  yet  severe  ])unishnients,  chastitienieiits 
unknown  under  the  still   subsisting  French  rule,  art^  already  inllicted  by  his 
orders,  on  the  ^lightc8t  faults  ;  even  if  supposed  to  be  faults  at  all.     Now,  it  is 
not  to  be  imagined  that  these  false  principles  of  administration,  these  sad  novel- 
ties of  an  unknown  domination,  are  the  only  motives  of  our  fears  and  the  alarm 
spread  through  our  families.     The  Spanish  law  may  have  beauties  and  advan- 
tages unknown  to  us  ;  but  an  antipathy  to  all  that  is  humane,  a  natural  disposal 
to  injure,  seen  and  j)roved  in  the  individual  who  comes  to  [iroH'er  us  tiiat  law, 
make  us  feel  the  hardest  consequences,  while  appearing  to  act  only  by  those  very 
consequences.     Spanish  policy  closes  its  ports  as  much  as  ixj.ssible,  in  order  to 
close  it  at  will  to  foreigners,  and  absolutely  to  cut  oil' contraband  tra<le.     In  con- 
sequence of  this  law,  the  envoy  of  his  Catholic  majesty  has  closed  all  the  passes 
of  the  Mississippi  but  one,  and  that  the  most  shallow,  dilllcult  and  dangerous. 
An  almost  universal  law  forbids  establishments  within  a  certain  distance  of  the 
citadels  and  fortifications  of  the  frontier  towns.     Seiior  Uiloa  has  thought  that 
establishments  formed  in  the  primitive  towns  of  the  rising  colony  by  grant  from 
our  prince  and  under  the  eyes  of  his  governors,  should  be  destroyed,  on  account 
of  their  proximity  to  the  palisade  with  which  the  city  has  within  a  few  years 
been  surrounded.     Condemnation  to  the  mines  is  decreed  by  the  Spanish  law 
against  malefactors  and  dangerous  men.     Ulloa  has  not  hesitated  to  pronounce 
it  against  respectable  men,  whose  only  crime  was  their  being  the  spokcsmeu  of 
tlieir  fellow-colonists  and  bearers  of  respectful  representations,  e.xposing  our 
wants  and  tending  only  to  the  encouragement  of  agriculture,  the  increase  of 
commerce,  the  importation  of  necrssaries,  and  the  general  good  of  the  country. 
Dispatches  given  by  persons  in  ofliee  require  more  diligence  and  exactness  as 
they  may  interest  the  general  welfare  ;  but  the  hearers  have  never  been  held 
responsible  for  superior  strength,  head-winds,  the  risks  and  perils  of  the  sea ! 
What  harsh  treatment,  what  vexation  was  not  exercised  liy  I'lloa  succe.s.sively 
towards  Messrs.  (iaynard  and  Gachon,  because  their  ships  did  not  deliver  pack- 
ages at  Havana  in  time  on  account  of  the  weather.     A  decree  o(  the  Superior 
Council  of  this  province  had  for  wise  and  just  motives  forbidden  the  introduction 
of  negroes  cicolizrd  or  domesticated,  in  St.  Domingo  ami  the  other  isles  ;  but  it 
was  all  reduced  to  visiting  slavers  on  their  arrival,  and  sending  immediately 
back  such  as  were  within  the  j)roliibition.     To  this  Ulloa  added  sequestration  of 
property,  imprisonment,  and  wi'hout  any  commendatory  ordinance, which  should 
always  precede  iirst  punishments,  he  has  exercised  them  on  .Mersrs.  Cades  niid 
Leblanc,  whose  sole  crime  was  their  not  having  had  a  prophetic  spirit,  atid  hav- 
ing been  ignorant  of  the  existence  of  his  decree.     These  lacts,  which  are  not 
notorious,  and  of  which  many  individuals  have  been  victims,  interest  all  as  much 
and  more  than  can  be  imagined.      To  make  this  consequence  more  evident,  we 
ball  enter  into  the  details  of  several. 


H 


i 


-.!  r 


I     i 


m 


224 


niSTORICAL  MEMOIRS  OF  LOUISIANA. 


crime  against  the  king  of  Spain;  that  it  would  be  a  violation 
of  the  law  of  nations,  and  what  is  more,  of  the  respect  due  to 

the  French  king,  to  judge  men  in  his  service,  and  condemn  and 

* 

As  to  the  infcrdiction  of  the  passes  of  the  Mi.<sis.sippi,  it  must  be  known  that 
Ulloa,  in  spile  of  all  representations,  anil  what  ho  could  have  kocii  himself  or 
learnt  by  the  disasters,  stubbornly  insisted  on  their  frequcntinj,'  only  tlie  North- 
East  Pass,  which,  in  the  highest  tides,  has  only  nine  or  ten  fret  of  water,  pre- 
venting all  vessels  from  entering  or  leaving  by  the  others  which  have  ordinarily 
ten  or  twelve.  To  this  restrictive  and  dangerous  [)rohil<ition  he  ad<led  another 
stilLmore  so  ;  he  forbid  pilots  to  sleep  on  board  of  vessels  anchored  outside  the 
pass,  and  kept  out  by  head-winds  or  shallow  water.  Difficulties  and  accidents 
followed,  but  this  did  not  dissuade  him  from  his  first  plan.  The  first  dilliculty 
was  tiic  delay  of  vessels  going  out,  frequent  and  expensive  at  all  seasons,  but 
almost  inevitable  in  winter  when  the  north  and  north-northwest  winds  prevail,  as 
these  arc  useless  for  the  North-East  Pass,  while  they  not  only  serve  to  carry 
vessels  out  of  the  Eastern  Pass,  but  also  to  drive  them  on  their  way,  without  any 
necessity  of  their  waiting  for  a  wind.  Entering  was  as  bad.  The  North-East 
Pass  could  not  be  entered  with  a  south  or  south-southwest  wind,  though  the 
eastern  could.  Besides  this,  the  Spanish  ofllccr  at  the  Balizc  obliged  them 
to  anchor  as  soon  as  entered  opposite  the  houses  of  the  Dalize,  to  be  examined 
there,  in  an  exposed  anchorage.  Thus  great  risk  was  run,  which  could  have 
been  avoided  by  anchoring  in  the  fork,  or  keeping  on  their  way  up  the  river,  as 
was  done  under  their  former  liberty,  which  was  not  more  favorable  to  those 
to  whom  they  wished  to  forbid  entrance.  Moreover,  in  all  countries  when  a 
coast-pilot  sets  foot  on  board,  he  never  leaves  till  the  vessel  is  in  or  out,  and  in 
safety,  and  acting  day  and  night  as  the  case  and  weather  may  require.  If  this 
rule  should  be  inviolable  anywhere,  it  should  be  undoubtedly  in  our  parts  border- 
ing on  low  countries  and  a  large  rivcr,with  a  bed  of  mud  in  one  place,  and  of  sand 
in  another,  where  winds  change,  and  water  rises  or  falls  from  hour  to  hour.  By 
preventing  pilots  from  sleeping  on  board  in  a  gale  and  sending  them  oil' at  night, 
an  inexperienced  captain,  ignorant  of  the  bars  and  passes,  was  helpless  ;  obliged  to 
hoist  sail  to  get  ofl",  often  with  the  loss  of  anchor  and  cable,  he  would  run  on  the 
reefs  opposite,  called  "  Les  Moutons,"  or  at  least  would  get  in  the  wind  of  the  pass, 
without  any  hope  of  getting  up  easily  ;  and  finally,  if  he  was  fortunate  enough  to  get 
ofl",  he  returned  after  much  time  and  trouble  only  to  face  the  same  danger  again. 

Navigation,  that  art  so  useful  to  states,  hardly  deserves  that  men  should  com- 
bine with  nature  to  increase  its  diinculties  and  dangers.  Is  the  fortune  of  ship- 
owners and  the  life  of  mariners  so  worthless,  that  they  may  be  exposed  to  almost 
unavoidable  danger  by  the  caprice  of  a  single  man  !  Ask  the  European  and  the 
India  captains  and  crews,  who  have  been  here  within  the  last  two  years  and  a 
half.  All  have  seen  the  new  perils  invented  by  Ulloa ;  many  have  been  the 
foot-balls  and  victims  of  his  malignant  combinations.  Without  citing  many 
examples,  the  accident  of  Capt  Sarron  while  leaving  the  river,  is  striking.  After 
having  lain  a  considerable  time   to   get  out  by  the  North-East  Pass,  as  the 


I    \  i 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


225 


Dlation 
due  to 
un  and 

own  that 
iiusclf  or 
le  NoTth- 
atpr,  pre- 
jrdinarily 
1  another 
itnicle  the 
accidents 
dithculty 
isons,  but 
prevail,  as 
.  to  carry 
llhout  any 
lorlh-East 
liodgh  the 
iirpd  them 
examined 
ould  have 
e  river,  as 
to  those 
when  a 
lut,  and  in 
If  this 
s  border- 
id  of  sand 
lour.     By 
at  night, 
obliged  to 
'im  on  the 
the  pass. 
High  to  get 
ger  again, 
ould  com- 
of  ship- 
to  almost 
n  and  the 
iirs  and  a 
been  the 
ing  many 
g.   After 
IS,  as  the 


punish  tlicni  for  their  attiiclinK'ut  to  liim.  Sliniild  ho  not  have 
added  tluit  L'lloa,  wishing  to  govern  without  .•showing  his  right, 

wind  was  n.  and  v.  .v.  k.,  tlie  wiml  cli;m!,'f'(l  ,it  l.ist,  aii<l  liis  time  (•.niio,  lint  llic 
water  had  fallen  so  that  lie  got  fast  on  llie  pass,  tlmii^li  In-  jiad  ilie  ijiiocl  I'oiliinc 
to  get  oil'  and  return.  He  t-anie  liaek  to  the  city  to  cirreii  iiis  vessel  a^.iin. 
(And  observe  llie  cily  is  nearly  niiioly  miles  t'roui  the  nioiitli,  and  tliat  vessels 
lii'.ve  ol'tcn  to  get  ui)  by  towing,  and  this  has  taken  some  lllty  or  si\ly  days,  with- 
out any  ineau'i  of  doing  it  otherwise  )  ('a|it.  .S.irron  lost  his  voya'^e  and  spent 
uselessly  nuicli  money  ;  while  liad  the  I'lastern  Pass  been  I'orbiililen,  ;ind  pilots 
beei\  abb;  to  l'rei|nent  it,  ho  could  have  got  out  without  di'lay  or  danger. 

At  the  very  linn-  that  we  are  drawing  this  memorial,  the  trumpet  .annonnces 
tiio  sab'  by  auction  of  the  rigging  and  .irtillery  s.aved  t'rom  the  ship  (,'arlota,  tVoiri 
Jloclielle,  half  buried  in  the  sand,  ('aptain  Laeoste  would  not  eoniplain  of  the 
loss  of  ills  vessel,  if,  when  he  wislied  to  enter,  ho  could  have  kept  his  pilot  on 
board,  as  the  pilot,  if  he  could  not  get  him  in  the  pass,  roulii  have  shown  liini  a 
sandy  bottom  whore  he  could  lie  to,  as  many,  and  among  others  (/apt.  Couriac. 
have  done. 

Some  colonists  hero  arc  engaged  in  maiuifaeturing  biick  for  liome  consump- 
tion. The  three  i)rineipal  kilns  are  at  tho  cily  gates  ;  the  largest,  eni|>loying  a 
considerable  number,  is  the  patrimony  of  four  minors,  and  sometimes  yields 
150.000  livros  a-yo.ir.  This  ground  is  suseeplihlo  of  no  other  revenues,  and  the 
men  cannot  even  make  a  living  there.  The  city,  moreover,  is  in)t  iiwommoilcd 
by  it,  ami  the  pits  whence  tin.'  clay  is  dug  being  removed  from  the  highway,  the 
j)ublic  road  is  neither  narrowed  nor  impeded,  l.'lloa  first  altaeked  the  adminis- 
trator of  this  brick  kiln,  and  absolutely  forl'-d  hjni  to  conlinue,  under  painof  l"or- 
feiting  Ids  negroes,  o.'icii,  carls  and  tools.  Tho  parlies  interesled,  after  many 
etforts,  at  last  wrung  from  him  the  grounds  of  this  j)rohibition.  He  told  them 
that  tho  pits  corrupt,  d  the  salubrity  of  tho  air.  To  dis.diuso  him,  thoy  furnished 
ccrtillcates  of  |)hysioians  and  surgeons.  M.  Lebeau,  .M.  ]),,  in  his  majesty's  jiay , 
rvon  drew  up  somt?  learned  and  jierfoctly  cimelnsivo  ol.siMvalions.  As  to  eun- 
mon  rolloctious,  they  wore,  "that  tho  country  had  always  been  very  ho.iUhy  in 
spilo  of  all  tho  clay- pits  and  cyjiross  groves  on  tho  river  and  around  t'lO  oity." 
According  to  his  system  it  would  bo  noocssary  also  to  lill  tliusc  mtowhu-h  the 
water  runs  and  remains  most  of  tho  year,  l'lloa  undoubtedly  hai'  not  loreseeu 
those  objections,  but  In;  imagined  or  adopted  another  reason  wl'i'ch  ho  believed 
unanswerable,  namely,  that  establishments  should  bo  kept  ol.''lroin  tho  fmlil'aa- 
tioiis,  as  he  called  the  palisade,  which  has  nothing  secrtt,  anil  an  appro.ieli  to 
which  IS  of  no  consocjuoncc. 

The  all'air  was  however  si)Uii  out,  and  they  oonid  neithor  obtain  of  him  an 
order  in  writing  to  stop,  nor  a  vorb.il  jiormission  tooculinue,  and  many  have  justly 
s'lpposod  that  the  brick  business  was  aimed  at  In  smne  two  or  throe  individuals 
— a  plan  which  coincided  e.\aclly  vvilli  the  .Sp.mish  envoy's  turn  to  reduce  all  to 
monopidios. 

This  unconquerable  inclination  was  more  clearly  evinced  last  year  in  bis  pro- 
hibition to  introduce  negroes  into  tho  colony,  as  it  would  have  boon  prejudicial 

15 


'•I 


:l*i 


I  !!■ 


!    I 


i! 


220 


IIISTOUTCAL  MEMOIRS  OF  LOUISIANA. 


sliuulil  be  rcL^ardi'il  as  having  violated  the  usa'^os  established 
by  reason  and  C(iuity.  O'lleilly  might  say,  too,  that  the  sub- 
to  an  Kii!,'lisli  nirrch.'int  iti  .Jamaica,  who  had  Hcut  a  vpsbcI  to  I'lloa  to  arrange 
with  hiri  ilic  contract  for  Hiipiilyinj,'  HlavcH  ;  this  Mow  was  aimnl  both  at  our 
coniincrcc  and  our  aLTicullnre.  From  the  nn-rchant  it  took  a  considerable  tiraiich 
of  trade,  and  cnl  olTtlu;  planter's  means  of  fortune,  for  the  rivalry  prejudicial  to 
the  F,ni;lish  nirrcliant  was  advantageous  to  tin- colonist,  who  would  have  prefer- 
red clieap  and  vvcil-condilioned  slaves.  \\'hat  thcnf  Deprive  the  new  sulijects 
of  tlie  most  natural  means  of  profit  and  increase,  and  enricii  a  foreigner  I  Is  this 
what  the  new  rule  promised  !  Mas  Ulloa  received  sucli  orders  from  his  master'! 
Who  dare  presume  so  !  Arc  we  not  fem])ted  to  believe  that  vile  reasons  of 
interest  entered  into  these  monopolies^ 

Our  governors,  conunandants  and  magistrates  have  always  l)een  regarded  by 
us  as  our  fatln^rs.  As  often  as  we  deemed  it  our  duty  to  remonstrate  bund)ly  our 
particular  wants  or  the  general  interest,  were  favorably  received  ;  when  wc 
addressed  our  governors  and  commandants,  instead  of  regarding  us  as  rebels  and 
mutineers,  (a  favorite  expression  of  Klloa's)  tliey  approved  our  steps,  as  proper 
in  a  true  citizen,  ^^'e  have  a  proof  in  M.  Aubry's,  on  the  S8lh  <J'  .lune,  l7G5r 
to  ilie  memorial  of  tlie  mercliants  of  New-Orleans.  He  dispels  mir  uncertainty  ; 
the  organ  of  the  minister  to  us,  as  the  minister  himself  is  of  the  sovereign's  will, 
he  commuinc.ites  to  us  orders  received  from  him.  and  gives  us  copies  of  letters 
which  he  has  written  in  consefiuencc  to  the  olllcors  of  the  posts.  In  the  end  ho 
excites,  encourages,  and  evokes  in  us  a  reciprocal  zeal.  When  we  address  the 
council  our  memoirs  are  examined  ;  if  our  demands  appear  just,  the  voice  of  the 
procuiator-geiieral  seconds  ours,  and  the  court  deliberates  ;  the  events  of  the 
29th  October,  are  a  recent  proof,  lloyal  promises  induced  us  to  expect  the 
same  mildness,  the  same  liberty,  the  same  j)rivileges  in  the  new  government. 
But  far  from  assuring  us  of  their  continuance,  Ulloa  will  not  even  allow  their 
semblance  to  remain.  The  ordinance  published  on  the  6th  of  .September,  1700, 
exhorts  merchants  to  make  the  rej)resentations  which  mey  addressed  to  their 
magisirates.  Ulloa  treated  them  as  seditious,  without  knowing  them  ;  and 
although  our  judges  by  condescendence  at  first  suspended  judgment,  he  thought 
proper  to  t:y  .-in  example  capabhi  of  alarming  whoever  would  in  future  dare  to 
s[)eak  of  his 'niterests  or  his  wants.  Some  of  our  merchants,  whom  he  doubt- 
less believed  th"  authors  of  these  representations,  attached  to  the  country  by 
their  family,  credit. commerce  and  fortune,  have  been  men.aced  with  imprison- 
ment and  ciiiifiscatiini— a  judgment  to  emanate  solely  from  Ulloa's  tribunal,  and 
which  they  with  didicultj  escajied. 

But  \\lio,  alter  ail,  is  this  cfllcer  of  liis  Catholic  majesty  !  With  what  com- 
missions is  he  invested  !  With  what  powers  clad,  to  exercise  so  tyrannical  an 
authority  even  iieforc  showing  his  powers  and  titles,  which  we  have  never  yet 
seen  !  .\  confused  rumor  tells  us,  that  during  his  long  stay  at  the  Balize  with  M. 
Aubry,  our  commandant,  an  act  of  tr,^nsfer  was  passed  under  their  private  seals. 
If  this  be  true,  what  is  his  political  principle  in  not  publishing  this  act  and  declar- 
ing his  rank,  unless  it  be  to  cloak  his  tyranny  under  the  seal  of  the  French  rule  ! 


'     i,  ii'ii'.. 
p.:a.fc 


(.'A!  :■•  i 


IIISTOUICAI,  MKMOinS  OF  LOUISIANA. 


227 


[hat  com- 
Iniical  an 
Lever  yet 
L  with  M. 
[ate  seals. 
ad  declar- 
lich  rule ! 


mission  of  tlie  inlialiitnnts  to  liim.  proves  what  FUoa  would 
have  received  hud  he  I'lil tilled  the  usual  and  neeessary  Ibrmali- 

Tile  Irrtii  tyranny  iiny  sci'iii  \'>i^  (itrori;;  ;    let  um   iild  tli.it  of  vrxalinn,  In  keep 
p'lre  willi  the  /acts      Willi  wliat  ineiiarini;  show,  even  at  llic  liiiii'  when  lie  re- 
cciveil  iVmn   uh  only  marks  of  l>linil  snliniis^ion,  diil  he  iiol  [irfM'nl  in  uiu'  hand 
tlie  fifHt  fruilH  ol  llie  new  law,  in  the  oilier  llie  avenyiii!.' nword  !  'J'lic  ordinance 
of  Septeinlier  (ith,  1700,  (tlie  first  decree  of  IiIh  will  pnbiisiied  here,  and  wherein 
the  aiic;iiNt  name  of  his  Catliolie  inajesily  was  abusively  einployi'd,)  I  his  ordinaneo 
was  proinu!<.'ated    in   our  roads   at   the    sound  of  the  driiiii,  and  at  llie  head  of 
twenty  Spanish  soldiers  willi  inuskets  nml  liayonets.     Was   it  to  insult   us  or 
prevent  our  inurniurs?     If  the  former,  what   would   riloa   have  <loiie  in  a  I'ity 
rompiered  and  taken  hy  assault  '      What  pomp  would  he  have  selected  to  deliver 
his  ordinances,  when  he  acts  thus  to   friends  and  allies  !      l)id   he   take  us  for 
Indians  of  Mexico  or  I'eru  '     If  the  latter,  w;is  the  S|ianisli  envoy  iiinorant  that 
this  ordinance,  the  fruit  of  his  false  stalemeiils,  was  dianietrieallv  opposed  to  our 
welfare,  and  at  the  first  lilush  calculated  to  excite  our  inurinurs  !      Loaded  with 
our  deserved  iialred,  his  country  may  ajiproacli  him  with  want  of  policy  in  forcing 
us  to  fear  all  Spanish  rule. 

We  Iiave  with  indiijnation  beheld  Iiiin  sell  fo  an  En<,dislmian  the  liberty  of  four 
Germans  at  fifteen  dollars  ahead;  and  when, on  the  <]ay  of  the  revolulion,  Aubry, 
our  coininandiiit.  urjjed  by  our  i)rayer.s  and  entreaties,  authoritatively  demanded 
tiieir  restoration,  we  hidield  these  enfranchised  men  come  down  from  the  Spani.'sli 
frlL'ate  when  their  new  master  rciaineil  them,  and  on  the  levee  east  ihomselvcs 
at  the  feet  of  their  liberators.  We  have  .seen  those  unfortunate  victims  of  the 
scourge  of  war,  tliose  perseverinii  citizens,  who  have  sacrificed  tlicir  hereditary 
possessions  to  the  patriotic  sentiment,  unfortunate  .\cadiins,  who,  hitherto 
gatiiercd  in  our  parts,  and  protecteil  by  our  eommanders  and  jiidj^es,  beiran  to 
find  consolation  in  their  disasters,  and  labored  to  retrieve  them — we  have  seen 
them  alarmed  by  the  frantic  rajje  of  I'lloa  at  their  liumble  representations,  and 
treinblinir  at  his  threats,  believe  they  behold  tlicin  already  carried  out  on  the 
liberty  of  their  families,  and  all  sold  at  auction  as  slaves  to  repay  the  kind's 
rations.     Are  we  ;it  Fez,  or  at  Morocco  t 

What  has  not  this  singular  man  done  in  the  actions  of  his  private  life  ]  What 
a  humiliation  has  not  France  received  during  his  stay  here,  not  only  in  the  viola- 
tion of  the  riijht  of  nations,  but  also  in  the  contempt  of  the  eeclesi.istieal  laws  ! 
Besides,  doubtless  in  iiis  coiiieinpt  for  French  Catholics,  he  has  refrained  from 
frequentinir  our  churches,  and  has  ln<l  mass  said  in  his  house  for  eighteen 
months,  and  by  his  chaiilain  conferred  the  sacrament  of  marriage  on  two  persons, 
tiie  woman  a  negress  and  a  slave,  and  the  man  white,  and  this  withuut  permis- 
sion of  the  parish  priest,  without  any  publication  of  banns,  without  any  forms  or 
solemnities  recpiired  by  the  church,  to  the  great  scandal  ofthe  j)nblic.  in  conteinpi, 
of  the  council  of  Trent,  and  against  the  positive  tenor  of  our  ordinances,  civil 
and  canonical. 

What  is  there  then  culpable  in  the  course  which  L'lloa's  conduct  and  vexations 
compelled  us  to  take  ?     What  evil  Iiavc  we  done  in  throwing  od'  a  foreign  yoke 


M 


r    '■ 


223 


llISTOltlCAL   MliMOir.S  OF  LOUISIANA. 


tics;  tli;it  tlicn.'  must  ]i;iv(^  boon  soino  great  irroji^iilin'ity  in  lii:i 
couducl  \.o  iiHliicc  till.'.  .st(.'p.s  to  wliii'li  tin,"  iiili;iliitiiiits  pi'occcilcil, 

rcmlcrcil  still  mori'  cni.-.liini;  liy  llic  li.uul  that  iiii|m.s('(l  it  !  What  linnn  linv(>  wo 
iiiili'nl  (iiiiit',  ill  ili'inaiiiling  our  lawr*,  our  cuiiiilrx ,  our  kiiii/,  and  vovviiiL;  a  |ii<r- 
M'vcriii:,'  lo\c  to  liiiii  ;  An-  tlicsc  |nai«CH  iiiifiiaiuiilcil  in  our  liislDry  '  More; 
tliaii  oiii' city  ill  rraiicc,  provinri's  even,  (^lucrcy,  Uoui-riiviir,  (iax'ony,  (Jiiliors, 
iMoiilaiiliaii,  dill  llicy  not  ai,'aiii  and  ai.'uii  tlirow  oil'  llic  lliinlisli  yoke  or  oi)sti- 
iMlcIy  rcluHC  lii«  cliaiiiH  !  In  vain  did  tlir  Ircatii's,  (.'I's.^ions,  cvimi  rt'iicatcd  ordiTH 
oldnr  kin;;H,  Honicliiiii's  try  to  ftli'ct,  what  llnyliiili  ;iriiiH  could  not  cuiniiaHs  ;  and 
I  Ms  iinl)!o  rt'sistancr  to  llio  will  of  llu'ir  native  Novcri-iiuMiH,  iiiHlcail  ol  ('nkiiidlini; 
tlirir  anger,  oxcitcJ  tlirir  love,  olilaincd  tlii'ir  ail.  and  I'll'ccti'd  an  ciilire  drlixcr- 
anco. 

Aial  lii'sidos,  of  what  uhp  could  the  colony  of  Louisiana  lie  to  Siiaiii  ?  InlVrior 
in  its  |iroduclioiis  to  the  rich  countries  which  hIic  possi-sscs,  inir  country  can 
(Mily  serve  as  a  huKvark  to  Mexico.  Now,  will  tlii.s  luilwark  \>v  impenetraliie  to 
liie  forces  of  Kiiirland,  already  inistrcs.'^  of  the  east  hank  of  th"  Missi~isi|)|)i,  with 
a  ri;,dit  to  the  navigation  and  owning  ahovc,  posts  acccssihie  not  only  from  the 
iiioulh  of  the  river,  hut  also  liy  their  immediate  iiroximity  to  other  coiinlries  la 
the  iiortli  where  their  sway  is  estahlished  I 

The  |irescrvatioii  id' this  colony  liy  I'rance,  is  a  hetter  guarantee  to  the  S|>anish 
possessions  on  that  sidi'  than  a  cession  made  to  that  crown  ;  the  unf.ivoralde  iiii- 
jiressioiis  already  conceived  a;,rainst  it  liy  the  Indian  trihes,  which  drew  on  the 
Sjianish  ('a[)tain  Ivice.  commandant  ol'  tlie  Illinois,  not  only  insults,  hut  fierce 
llireats,  would  range  them  among  the  enemy  in  ca  -e  of  attack.  On  the  contrary, 
these  trilics  always  march  with  the  French  soKlier,  wilUant  asking  against  what 
t'oc  ;  this  is  the  true  huhvark. 

.\s  .Spiiin  can  derive  no  advantago  from  the  aciiuisilion  of  thin  inunense  pro- 
vini'e,  and  as  evidently  the  resi  mictions  of  conmierce  will  reduce  us  to  a  hare 
living,  why  should  the  two  sovereigns  agree  to  make  us  unliap|iy,  merely  for  the 
pleasure  of  doing  so  !  It  is  a  crime  to  think  so — such  sentimenis  do  not  enter 
the  hearts  of  kings.  The  protection  of  our  new  prince,  promised  hy  ours  in  his 
letter  of  .\pril  21st,  I'/Ol,  shows  their  mutual  wish  for  our  happiness;  and  the 
rcsix'cted  silence,  which  we  havi>  hitherto  preserved  on  our  real  interests,  has 
(louhtless  prevented  tluMr  attnining  the  true  means  to  render  us  happy. 

As  to  the  utility  of  this  colony  to  France,  the  .slightest  rilleciion  shows  it. 
The  loss  of  (^aii.ida  having  closed  thiit  niarket  to  French  manufactures,  the  pre- 
servation of  fjouisiana  can  in  a  sliort  time  redeem  this  loss  so  injurious  to  homo 
industry.  The  elforts  of  the  French  already  settled  here  and  of  those  who  come 
in  daily,  can  easily  render  availahle  that  .Missouri  trade  already  so  well  planned, 
and  which  needs  only  the  encouragement  and  help  which  the  French  rule  can 
give.  Even  the  Canada  Indians  come  daily  to  Illinois  for  French  goods,  prefer- 
ring them  to  thoi-c  which  the  Fnglish  cany  to  their  villages.  Let  them  cease 
fettering  our  activity,  and  England  will  cease  scllinir  France  what  furs  she  needs. 
In  their  cargoes,  our  ni.uiufacturcs  will  llnd  a  ready  sale  and  constitute  their 
gain,  and  in  the  return  of  furs,  to  which  may  he  added  our  indigo,  sugar,  cotton, 


IIISTOUTCAL  MF.Mr.IIS  DP  [.on-rAV A. 


220 


liifl 


as  the  I-'ri'iu'li  <,'ovcriior!j  lui'l  always  cxporieucod  their  ful'lity 
and  subiuksion. 

they  will  Ills)  Irivo  tlip  mipply  of  flw  r nv  iintorlal  on  wliidi  their  iiiiliistry  is 
on;;ii!,'i'(l,  If,  tiirii.liii'  Utility  nf  ni.iiiiit'acturi'M  in  llio  kiii:;ilom  is  nckiimv  Inl^jfl 
— and  llicy  liiivi'  iiKv.iys  iilil;iiiii'il  the  H|ii'('i,il  priitrctinii  nt'oiir  kinj,'M — iK  it  iint  in 
till'  [loliiiiMl  (irdcr  to  «'XiiMiil  tliiff  iir.picciiiMi  to  the  |iri'i>(<rvatiiMi  uf  ri'MnnrcrH, 
which  it  would  rni|doy  all  llir  t'orccs  of  the  .st.itc  to  iiciiuiri',  if  not  iiosM^-trd  of 
tlit'in  ' 

'!'o  llusc  coiiHidcratioiM  adi]  liii<  siisjii'iidcd  payintuil  (siiicf  IV.III)  of  mi'vcii 
inillioU'i  in  royal  iiajicr.  wliirli  foriucd  the  curri'iicy  of  our  i'\clian;;i'  and  iho 
fiiiu'ws  of  our  cidiinirrci"  Add  ihc  inutiial  (Ui::ai.'('iii('iit  of  {'rciicli  incrclianis  to 
UN,  anil  IIS  lo  tlirin,  ulioso  fiti'  di'|ii'n(ls  on  tin'  disposal  to  lir  inadc  l>y  tin'  kin^r 
of  this  iirovinrc  ;  add,  too,  our  oldiualioii  lo  rndcavor  to  fi'storc  our  ruined  for- 
tiiiirs,  unaidi'd  hy  the  funds  hcri'tororc  shared  hy  all,  in  |irn|iorlion  to  I'cunoiny, 
einiilalion,  patriinony  of  cai'h,  and  all  iiiiist  gco  that  our  new  cll'ortii  doHiTvo  the 
oncoiiraijrini'nt  of  our  kiiiir. 

.Jealous  olisiTVcrM  of  all  the*  rcspoct  duo  to  crowned  hoads,  ;ind  thi'  mutual 
roijard  which  civilized  nations  owe  each  other,  we  should  despair,  did  our  con- 
duet  secin  to  fail  in  eillier.  'rhere  is  noiliin;j  ollensive  lo  the  coiirl  of  Madrid  in 
the  exposal  of  oiir  wauls  and  the  assuraiK'c  ol  our  love,  which  we  hear  to  the 
foet  of  our  .'iui,rust  sovcreijru.  \\\<  veiilure  to  hope  thai  these  marks  of  our  zeal 
will  also  serve  to  prove  to  the  nations,  ihe  Iriilli  of  the  suriiaiue  well-heloved, 
which  the  whole  world  irives  him,  .iiiil  which  no  monarch  has  hiihcrlo  enjoyed. 
Perhaps  even  at  M.idrid  they  will  isay  :  "Ilapjiy  the  prince,  our  .illy,  who  finds 
an  olisliiclo  to  his  treaty  of  cession,  in  the  inviolable  attachment  of  his  suhjects 
to  his  rule  and  ;;lorious  person." 

We  know  full  well  that  the  Spanish  envoy  heforehis  departure  ohlained,  and 
by  his  emissaries  is  still  collecliiiir,  certilic.ates  from  some  individuals  ainonif  uh, 
mercenary  clients  whom  he  has  umi  hy  hrilliaiit  promises,  and  who  seek  prose- 
lytes here  hy  persiiadini;  the  simiile  and  alarmini,'  iho  weak.  Diit  whatever 
these  unauthentic  documents  may  contain,  they  cannot  belie  the  j;eiieral  voii^e 
and  public  riotoriely.  The  (Jenevese,  lliii^lish  and  Dutch  mercliuits  who  wit- 
nessed the  revolution,  will  relate  the  truth  in  their  several  eoiintries  ;  in  a  .still 
mure  certain  way  will  they  attest  the  fact  that  our  (lajr  was  raised  wilhoiit  any 
insult  to  the  Spanish  frigate;  that  Illoa  embarked  in  all  possible  liberty  and  with- 
out any  uiibecominir  act  on  our  part  ;  llial  then  and  since  we  have  redoulded 
our  attcMition  and  respect  to  the  other  ollicers  of  his  Catholic  inajesly  ;  that  dur- 
ing the  three  days  of  the  revolution  (a  sini;ular  and  remarkahle  fact  by  ihe  avowal 
of  the  Spaniards  theni'selves),  no  cry  of  insult  to  theirnation  was  heard  amid  the 
more  than  twelve  hundred  militia,  and  the  women,  children  or  whole  jicople. 
The  only  cries  heard,  in  which  even  foreigners  joined,  were  "  Vive  le  Ivoi  de 
France,"'  "  Vive  Louis  le  bien-ainie."' 

To  his  benrficent  inajesly  then  do  we,  the  iilanters,  mercliants  and  coli)nists 
of  Louisiana,  address  our  humble  peliiion,  that  he  will  immediately  resume  his 
colony,  and  as  resolved  to  live  and  die  uudir  his  beloved  rule,  as  determined  to 


!:    -.I; 


ii 


250 


niSTOKICAL  MEMOIRS  OF  LOUISIANA. 


i  : 


m  '•■ 


,.  .. ,    li.; 


Let  O'Reilly  then  cease  to  piilliate  Lis  crueltj'and  barbarity, 
by  cloaking  Limacir  by  his  orders  from  court/-'     Tlicy  could 

do  nil  that  tlio  prosperity  of  his  anus,  the  extension  of  Iiis  power,  and  the  glory 
of  his  reiirii  require,  we  beseech  him  to  ileij^n  to  preserve  to  us,  our  patriotic 
name,  our  privileges  and  our  laws. 

*  Great  doubts  have,  until  recently,  hung  over  the  precise  nature  of  the  king's 
instructions  to  O'Keiliy.  Even  Maibois.  an  able  writer,  and  a  statesman  of 
acknowledged  abilities,  has  followed  the  beaten  track  of  previous  writers  in  cen- 
suring the  conduct  and  acts  of  O'lieilly.  Gayarre  is  the  only  historian  who  has 
taken  the  trouhle  to  examine  lliis  subject  with  any  degree  of  care:  and  yet,  he 
does  not  seem  to  liave  been  able  to  jirocure  a  copy  of  the  instructions  to 
O'lieilly.  It  is  mor(!  than  probable  they  were  suppressed.  In  tlie  absence  of 
them,  however,  lie  refers  us  to  a  letter,  wiitten  by  the  Marquis  of  Grimaldi  to  the 
Count  of  Fuentes,  then  Spanish  Ambassador  at  the  Court  of  \'ers.iilles,  which  is 
the  only  di)cument  that  appears  to  embody  the  substance  of  these  instructions* 
except  those  pul)lished  in  the  appendix  to  this  work.     *  *  *  * 

"  'I'iie  instructions  given  to  O'Reilly,''  says  Grimaldi,  "  is,  that  lie  is  to  take 
at  Havanna  the  battalions  of  infantry,  the  ammunition  and  other  materials  wliich 
he  might  deem  necessary,  to  transport  himself  to  Louisiana,  and  after  having 
taken  possession  of  her  in  the  name  of  his  majesty,  to  liave  the  heads  of  the  re- 
bellion tried  and  ])unished  according  to  law,  and  then  remove  out  of  the  colony 
all  the  individuals  and  families,  whose  presence  might  endanger  its  tranquillity. 
He  is  also  ordered  to  provide  for  the  military  and  police  organiz;ition  of  the  pro- 
vince ;  to  establish  the  necessary  rules  for  a  correct  administration  of  justice  and 
of  the  tinances  ;  to  secure  the  dei)cndonce  and  the  subordination  ol  the  inhabit- 
ants, and  to  frame  a  Tiew  form  of  government — the  whole,  acconling  to  the  ver- 
bal instructions  which  had,  or  might  bo  given  him.  But  as  the  king,  whose 
character  is  well  known,  is  always  inclined  to  be  mild  and  clement,  lie  has  order- 
ed O'Reilly  to  be  informed  that  his  will  is,  that  a  lenient  course  be  [lursued  in  the 
colony,  .iiid  that  exiiulsion  from  it  be  the  only  punishment  inflicted  on  those  who 

have  deserved  a  more  severe  one. 

««♦♦«■** 

"  You  will  give  an  account  of  the  whole  of  this  letter  to  the  Duke  of  Choiseul. 
You  will  beg  that  minister  tii  invite  his  most  Christian  majesty  to  declare,  that 
the  said  inhabitants  of  the  colony  being  the  subjects  of  the  king,  his  cousin,  must 
throw  tliemselvi's  u])on  his  mercy,  anil  liv(>  under  his  laws  ;  the  act  of  cession 
of  the  colony,  being  absolute,  and  without  any  obligation  whatever  on  the  part  of 
the  king."' 

"  It  would  seem,"  s,?ys  G.ayarri',  "  from  tliis  document,  that  O'Reilly  should 
have  contented  himself  with  having  expelled  from  the  colony  those  who  had  de- 
served a  severer  jmnishment — for  instance,  the  pain  of  death.  But  were  the  in- 
structions shown  to  the  court  and  those  rrally  given  to  O'Reilly,  of  the  same 
nature?  That  is  the  question.  If  O'Reilly  received  the  instructions  which  are 
mentioned  in  the  dispatch  of  Grimaldi,  would  he  have  dared  to  disobey  them  ;  and 


HISTORICAL  MEJrOIRS  OF  LOUISIANA. 


231 


not  be  sanguinary,  and  even  had  knavery  circumvented  the 
court,  it  was  his  business  to  draw  down  the  Spanish  king's 
anger  on  the  man  who  had  perilled  the  dignity  of  his  station 
by  not  giving  it  due  authenticit3\ 

Let  us  banish  from  a  work  dictated  by  truth,  the  political 
maxim  promulgated  in  a  philosophical  and  enlightened  age,  a 
savage  maxim,  Avhich  less  civilized  nations  have  most  sedulous- 
ly rejected,  but  which  Spaniards  adopt  with  inexcus- 
able blindness. 

"Ilappen  what  will,"  says  a  certain  waiter,  "the  chief  must 
never  be  wrong,  and  it  is  dangerous  to  think  so."  I  shudder 
to  think  that  a  sensible  man  could  even  entertain  such  an  ex- 
traordinary idea,  which  is  even  now  repudiated  by  despotism 
itself.  Ah !  what  would  become  of  wretched  man,  if  he  should 
have  to  submit  for  ever  to  the  caprices  and  cruelties  of  a  barba- 
rous tyrant,  who  has  not  the  good  sense  to  see  the  injustice  of 
his  acts.  A  government  founded  on  injustice  is  weak  in  its 
foundation,  and  maybe  easily  overturned  ; — respect  is  a  feeble 
tie  against  the  effects  of  cruelty.  A  people  live  tranquil  and 
contented,  when  they  know  they  have  laws  to  protect  them 
and  obey  without  a  murmur,  if  they  do  not  have  to  dread  the 
insolence  of  a  superior.  They  also  bear  insults  calmly,  if  as- 
sured the  law  will  sooner  or  later  avenge  them.  AVe  theri 
say  boldly,  nothing  can  screen  an  unjust  governor  from 
the   anger   of   the   king,   who   has  been  appointed   to  eom- 

woulij  he,  when  such  strong  appeals  were  made  to  him  to  nave  the  lives  of  liafre- 
niire  and  his  companions,  iiave  had  tiie  unhlushiny  cirrontory,  on  reliisinjr  that 
boon,  to  plead  the  orders  of  the  liincr,  and  tliiis  laiscly  tiirow  upon  liis  sovereii'i: 
the  odium  of  a  measure  wliich  was  contrary  to  the  expressed  will  of  the  iiinir?" 
There  can  then  he  no  doubt  that  O'l'eiliy  obeyed  to  tiie  letter,  tl»c  instructions 
of  the  kinu;,  for  we  have,  in  evidence  before  us,  the  report  of  the  Council  and 
Chamber  of  the  Indies  approving,  iu  the  most  pompous  and  sonorous  Castiliaii 
phraseology,  the  acts   mid  conduct  of  O'Jieilly  in  Louisiana. 


232 


niSTORICAL  MEMOIRS  OF  LOUISIANA. 


mand  liis  subjects.  Kotliing  then  slioukl  have  preserved 
Ulloa  from  the  exemplary  punishment,  "whicli  the  irregularity 
of  his  conduct  deserved,  and  all  should  have  induced  the 
Louisianians  to  believe  that  the  Spanish  king  would  regard  with 
other  eyes  the  motives  of  their  conduct ;  all  induced  them  to 
believe  tliat  the  French  king  would  give  them  protection  at 
the  Spanish  court ;  that  ho  would  insist  on  the  rights  of  sub- 
jects, wliose  fulelity  to  him  had  exposed  them  to  the  wrath  of 
a  whole  nation  that  believed  itself  insulted. 

The  world  has  beheld  with  surprise  the  silence  of  the  French 
ministry  as  to  O'Heilly's  conduct,  its  neglect  to  exact  repara- 
tion for  his  inhumanity,  its  silence  as  to  the  violation  of  the 
law  of  nations  in  pronouncing  sentence  on  French  subjects. 
Still  more  is  Europe  surprised  to  learn  that  the  remnants  of 
those  wretched  families,  stripped  of  everything,  languish*  in 
silence  and  misery. 

Is  there  then  no  beneficence,  no  human itv  on  earth? 
Assured  of  the  contrary,  let  us  say  that  till  now  the  truth  was 
unknown,  the  French  ministry  were  deceived.  ^lay  the  faith- 
ful narrative  which  I  now  present  to  faithful  souls,  excite  in 
them  those  feelings  which  honor  humanity. 

Generous  and  compassionate  hearts !  Let  us  mingle  our  tears 
with  those  of  the  wretched  widows  and  orphans,  whom  those 
virtuous  men  commended  to  us,  as  they  died  for  their  king. 
Let  us  join  our  regrets  tc  the  sighs  of  those  desolated  families, 

*TIie  propprty  of  tho  prisoners  were,  in  conformity  with  the  laws  of  Spain, 
sequeslratcil  from  the  time  of  thrir  arrest.  "I  iiave,"  says  0']{eilly,  "given 
strict  oril(!rs  for  tlio  liiiuidalion  of  said  property  in  accorilancc  with  tlic  laws,  in 
order  that  what  behm^s  to  the  widows  and  other  creditors  may  he  i^iveii  to  them, 
and  the  remaiiuler  dehvered  up  to  the  liing's  treasury,"  Villere,  Mazan  and 
LaCroniere,  had  tliree  of  tlie  tiiiest  plantations  in  all  the  province.  They  were 
sold  at  auction  for  i<o  inconsideralde  a  sum,  that  alter  paying  costs  and  distribut- 
ing among  the  widows  and  creditors  the  portions  to  which  they  were  entitled, 
the  Royal  treasury  had  but  little  to  receive. 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


233 


and  sliudJcr  over  tlic  evils  to  which  virtue  is  exposed.  Aid 
me  to  ercet  an  altar  to  virtue  ;  be  the  pillars  of  that  I  have  just 
erected;  pour  into  cold  and  inanimate  hearts  the  fire  which  in- 
flames you,  and  my  feeble  and  powerful  voice;  and  let  the  cry 
of  persecuted  innocence  rouse  the  numbed  arm  of  justice. 

0,  Heavenly  Power!  send  forth  the  light  of  truth  into  the 
hearts  of  those  raised  up  to  protect  it.  Unveil  iniquity  to  their 
eyes,  unmask  imposture.  Let  it  tremble  on  the  very  steps  of 
the  throne,  where  it  seeks  to  escape  thy  avenging  hand,  and 
let  me  in  transports  at  the  sight  of  thy  justice  exclaim: 
"  There  is  then  on  earth  an  asylum  for  virtue,  a  support  for 
that  innocence,  and  no  place  where  iniquity  and  crime  can  find 
a  shelter." 


lli; 


■'."/' 

1 

Mi 

xi  P  P  E  N  D  I  X 


OF 


HISTORICAL  DOCUMENTS  AND  ELUCIDATIONS. 


I. 


I 


Preliminary  Convention  between  the  Kings  of  France  and  Spain,  for 
the  cexsion  of  Louisiana  to  the  latter. 

The  most  Christian  Iviiig  being  firmly  resolved  to  strengtlien  and 
perpetuate  the  bonds  of  tender  amity  which  unite  him  to  his  cousin, 
the  Catholic  king,  proposes  in  consequence  to  act  with  ids  Catholic 
majesty  at  all  times  and  in  all  circumstance's,  in  a  perfect  uniformity 
of  principles,  for  the  common  glory  of  their  house  and  the  reciprocal 
interests  of  their  kingdoms. 

With  this  view,  his  most  Christian  majesty,  being  fully  sensible  of 
the  sacrifices  made  by  the  Catholic  king,  in  generously  uniting  with 
him  for  the  restoration  of  peace,  desires,  on  this  occasion,  to  give 
him  a  proof  of  tiie  strong  interest  which  he  takes  in  satisfying  him 
and  allbrding  advantages  to  his  crown. 

The  most  Christian  king  has  accordingly  authorized  his  minister, 
the  Duke  de  Choiseul,  to  deliver  to  the  Marquis  de  Grimaldi,  the 
ambassador  of  the  Catholic  king,  in  the  most  authentic  ibrin,  an  act, 
whereby  his  most  Christian  majesty  cedes  in  entire  possession,  purely 
and  simply,  without  exception,  to  his  Cathollo  majesty  and  his  succes- 
sors, in  perpetuity,  all  the  country  known  under  the  name  of  Louisi- 
ana, as  well  as  New-Orleans  and  the  island  in  which  that  place  stands. 
But  as  the  Marquis  de  Grimaldi  is  not  inf  )rmed  with  sullicient 
precision  of  the  intentions  of  his  Catholic  majesty,  he  has  thought 
proper  only  to  accept  the  said  cession  conditionally,  and  sub  spe  rati, 
[under  expectation  that  it  will  be  ratified.^  until  he  receives  the  orders 
expected  by  him  from  the  king,  his  master,  which,  if  conformable 
with  the  desires  of  his  most  Christian  majesty,  as  he  hopes  they  will 
be,  will  be  followed  by  the  authentic  act  of  cession  of  the  said  coun- 


. 


I  : 


■' 


236 


APPENDIX. 


try  ;  stipulating  also  the  measures  aiul  the  time,  to  l>e  lixed  by 
coiuiiiun  aocurd,  for  llie  evacuation  of  Louisiana  an(J  Niw-Orlcans, 
by  tlio  subjects  of  his  most  Christiiui  njajesty,  and  for  the  possession 
of  tiie  same  by  those  of  liis  Catholic  nuijesty. 

In  testimony  wheroot",  we,  the  respt'etive  ministers,  have  signed 
the  present  [treliminary  convention,  and  have  allixed  to  it  the  seals 
of  our  arms. 

Done  at  Fontainebleau,  on  the  third  of  Xovembor,  one  thousand 
seven  huudri'd  and  sixtv-two. 

TiiK  Duke  dk  Cnoifjj:rL. 

The  !M.\kqlis  ue  Guimalui, 
(A  true  copy  from  the  original.) 

The  Dckr  de  Ciioiseul. 


:'(i   'I 


-  'h 


If. 


Dofiiute  act  of  cession  of  Louisiana  hij  the   King  rf  France  to  the 

Kin(j  of  Spain. 

LoL'is,  l)y  the  grace  of  God,  king  of  France  and  Navarre,  to  all  to 
whom  these  presents  shall  come,  greeting :  Whereas  our  very  dear 
and  well-beloved  cousin,  the  Duke  de  Choiseul,  peer  of  our  realm, 
knight  of  our  orders  and  of  the  golden  ileece,  lieutenant-general  of 
our  armies,  governor  of  Touraine,  colonel-general  of  the  Swiss  and 
Grisons,  grandmaster  and  superintendant-general  of  the  posts  and 
relays  of  France,  our  minister  and  secretary  of  state  for  the  depart- 
ments of  war  and  marine  and  the  correspondence  with  the  courts  of 
Madrid  and  Lisbon,  did  sign,  in  our  name,  with  the  ^larrpiis  de  Gri- 
maldi,  knight  of  our  orders,  gentlemen  of  the  chamber,  in  exercise  of 
our  very  dear  and  well-beloved  brother  and  cousin,  the  Catholic 
king,  and  his  ambassador  extraordinary  near  us,  a  preliminary  con- 
vention, whereby,  in  order  to  give  to  our  said  brother  and  cousin  a 
new  testimonial  of  our  tender  friendship,  of  the  strong  interest  M'hich 
we  take  in  satisfying  him  and  promoting  the  welfare  of  his  crown, 
and  of  our  sincere  desire  to  strengthen  and  render  indissoluble  the 
bonds  which  unite  the  French  and  Spanish  nations,  we  ceded  to  him 
entire  and  perpetual  possession  of  all  the  country  known  under  the 
name  of  Louisiana,  together  with  New-Orleans  and  the  island  in 
which  that  city  stands,  which  convention  had  only  been  signed  con- 


%'  ^ 


APPENDIX. 


237 


ixecl  by 
)i'loiins, 
ssessiuii 

I  signed 
he  souls 

housand 

;i'L. 

MALDI. 

:UL. 


ce  to  (he 


to  all  to 
^cry  dear 
r  realm, 
eneral  of 
wiss  and 
losts  and 
o  de part- 
courts  of 
s  do  Grl- 
xereise  of 
Catholic 
nary  con- 
cousin  a 
st  which 
s  crown, 
ul)le  the 
d  to  him 
inder  the 
island   in 
ijned  con- 


ditionally and  siib  spcrati  by  the  Marcjuis  dc  Grimaldi :  and  whoroas 
our  said  brother  and  cousin,  the  Catholic  king,  animated  by  the  same 
sentiments  towards  us  which  wc  have  evinced  on  this  occasion,  has 
agreed  to  the  suid  cession,  and  ratitied  the  conditional  acceptation 
made  by  his  said  ambassador  exlraordinaiy,  which  convention  and 
ratification  are  here  inserted  word  for  word,  as  follows: 

Don  Carlos,  by  the  grace  of  God  King  of  Castile,  of  Leon,  of  Arra- 
gon,  c)f  the  Two  Sicilies,  of  Jerusalem,  of  Navarre,  of  (iraiiada,  of 
Toledo,  of  Valencia,  of  Gallicia,  of  Majorca,  of  Seville,  of  Sardinia, 
of  Algesiras,  of  Gibraltar,  of  the  Canary  Islands,  of  the  East  and 
West  Indies  and  the  islands  and  main  land  of  the  ocean,  archdnke  of 
Austria,  duke  of  Burgundy,  of  Brabant  and  Milan,  count  of  Haps- 
burg,  of  Flanders,  of  Tyrol,  and  of  Barcelona,  lord  of  Biscay  and  of 
Molina,  &c. 

Whereas,  on  the  third  day  of  the  present  month,  the  preliminaries 
of  a  peace  were  signed  between  the  crowns  of  Spain  and  France  on 
the  one  part,  and  those  of  England  and  Portugal  on  the  other,  and 
the  most  Christian  king,  my  very  dear  and  well-beloved  cousin, 
purely  from  the  nobleness  of  his  heart,  and  the  love  and  fiiendship 
in  which  we  live,  thought  proper  to  dispose  that  the  J^Farquis  de 
Grimaldi,  my  ambassador  extraordinary  near  his  royal  person,  and 
the  Duke  de  Choiseul,  his  minister  of  state,  should  on  the  same  day 
sign  a  convention  by  which  the  crown  of  France  ceded  immediately 
to  that  of  Spain  the  country  known  by  the  name  of  Louisiana,  toge- 
ther with  New-Orleans  and  the  island  in  which  that  citv  stands,  and 
bv  which,  said  ambassador  agrees  to  the  cession  oidv  condilionallv 
sttli  sjicrad,  as  he  is  not  furnished  with  orders  to  execute  it  absolute- 
ly; the  ti'iior  of  which  convention  is  the  following: 

The  most  Christian  king  being  firmly  re;<olved  to  strengthen  and 
perpetuate  the  bonds  of  tender  amity  wlii'jh  unite  him  to  his  cousin, 
the  Catholic  king,  proposes  in  conseipienco  to  act  with  his  Catholic 
majesty  at  all  times  and  in  all  circumstances,  in  a  perfect  uniformity 
of  principle,  fov  the  common  glory  of  their  house  and  the  reciprocal 
interests  of  their  kingdoms. 

With  this  view,  his  most  Christian  majesty  being  fully  sensible  of 
the  sacrifices  made  by  the  Catholic  king  in  generously  uniting  with 
him  for  the  restoration  of  peace,  desires,  on  this  occasion,  to  give 
him  a  proof  of  the  strong  interest  which  he  takes  in  satisfying  him 
and  fiflbrding  advantages  to  his  crown. 

The  most  Christian  king  has  accordingly  authorized  his  minister, 


nfti 


I  HI" 

.11 


238 


APPENDIX. 


the  Diike  do  Choiscul,  to  deliver  up  to  Iho  Miirqiiis  de  Grimaldi,  the 
nmbassador  of  the  Catholic  King,  in  the  most  authentic  (iinn,  nn  net 
whiTcby  his  most  Christian  majesty  cedes  in  entire  possessicjii,  purely 
and  sini['ly,  without  exception,  to  his  Catholic  majesty  and  his  suc- 
cessors, iu  perpetuity,  all  the  country  known  under  the  name  of 
Lt>uisianii,  as  well  as  New-Orleans  and  the  island  in  which  that  place 
stands. 

But,  as  the  Manpiis  dc  Grimaldi  is  not  informed  with  sufTicient 
precision  of  the  intentions  of  his  Catholic  majesty,  he  has  thought 
proper  only  to  accept  the  said  cession  conditionally  and  sub  spe  ratU 
until  he  receives  the  orders  expected  by  him,  from  the  king,  his 
master,  which,  if  confornuible  with  the  desires  of  his  most  Christian 
majesty,  as  he  hopes  they  will  i)e,  will  be  followed  by  the  authentic 
act  of  cession  of  the  said  country,  stipulating  also  the  measures  and 
the  time,  to  be  fixed  by  common  accord,  for  the  evacuation  of  Louisi- 
ana and  Now-Orleans,  by  the  subjects  of  his  most  Christian  majesty, 
and  for  the  possession  of  the  sanie  by  those  of  his  Catholic 
majesty. 

Jii  testimony  whereof,  we,  the  respective  ministers,  have  signed 
the  present  preliminary  convention,  and  have  aflixed  to  it  the  seals  of 
our  arms. 

Done  at  Fontainebleau  on  the  third  of  November,  one  thousand 
seven  hundred  and  sixty-two. 

The  Duke  de  CnoiSEUL, 

The    ^MARlil'IS  DE  GlllMALDI. 

Therefore,  in  order  to  establish  between  the  Spanish  and  French 
nations  the  same  spirit  of  union  and  friendship  which  should  subsist 
as  they  do  in  the  hearts  of  their  sovereigns,  I,  therefore,  take  pleasure 
in  accepting,  as  I  do  accept,  in  proper  form,  the  said  act  of  cession, 
promising  also  to  accept  those  which  may  hereafter  be  judged  neces- 
sary for  carrying  it  into  entire  and  formal  execution,  and  authorizing 
the  said  ^larcpiis  de  Grimaldi  to  treat,  conclude,  and  sign  them. 

In  testimony  whereof,  I  have  ordered  these  presents  to  be  drawn 
up,  signed  by  my  hand,  scaled  with  my  privy  seal,  and  countersigned 
by  my  counsellor  of  state  and  chief  secretary  of  state  and  war.  Given 
at  San  Lorenzo  el  Real  on  the  thirteenth  of  November,  seventeen 
hundred  and  sixty-two. 

I,  The  King. 

(Countersigned)     Eicardo  Wall. 


inldi,  the 
11,  an  net 
II,  purely 
1  his  sue- 
iiiiiue  of 
hut  place 

siifilcient 

th()\ight 

i  spe  rati} 

king,  his 

Christian 

[uithentic 

Allies  and 

jf  Louisi- 

majosty. 

Catholic 


vo.  signed 
ic  seals  of 


thousand 

MALDI. 

d  French 
d  subsist 
pleasure 
cession, 
x'd  neces- 
ithorizing 
10  m. 

)e  drawn 
itersigned 
Given 
seventeen 

•;  King. 


APPENDIX. 


239 


The  said  acceptation  and  ratification  having  been  approved  by  us, 
and  regarded  as  a  strong  evidence  of  the  friendship  and  good-will  of 
our  very  dear  and  well-beloved  cousin,  the  Cuthoiie  king,  we  renew 
and  '^nfiriu  by  these  presents,  the  cession  of  Louisiana  and  of  New- 
Orleans,  with  the  island  in  which  that  city  stands,  promising  iiunicdi- 
ately  to  conclude  with  our  said  brother  and  cousin  a  convention,  in 
which  the  measures  to  be  taken  in  concert  for  executing  and  consum- 
mating this  session  to  our  mutual  satisfaction  will  be  fixed  by  com- 
mon accord.  In  faith  whereof,  we  have  caused  thc-c  presents  to  be 
drawn  up,  which  we  have  signed  with  our  hands,  and  have  affixed  to 
them  our  secret  seal. 

Given  at  Versailles,  on  the  twenty -third  day  of  the  month  of 
November,  in  the  year  of  grace  one  thousand  seven  hundred  and 
sixty-two,  and  of  our  reign  the  forty-eighth. 

Louis. 

(By  the  King)     Choiseul,  Duke  de  Puaslin. 


I! 


III. 

The  seventh  article  of  the  definite  treat)/  of2'>eace  and  unitij  between  the 
Kin;/  of  France,  Spain,  and  Enrjland,  aif/ned  at  Paris  on  the  iOth  of 
February,  1703;  which  is  word  fur  u'ord,  the  same  with  the  -si.rlh 
article  of  the  preliminary  conve)(tion  between  the  same  poirerSySiyncd 
at  Fontainebleau  on  the  3rf  of  Xovcmbcr,  1702. 

Article  7  or  0,  In  order  to  re-establish  peace  on  solid  and  durable 
foundations,  and  to  remove  forever  all  motives  for  dispute  respecting 
the  limits  of  the  French  and  British  territories  on  the  American  con- 
tinent, it  has  been  agreed  that  the  limits  between  the  states  of  his 
most  Christian  majesty  and  those  of  his  Britannic  majesty  in  that 
part  of  the  world,  shall  hereafter  be  irrevoealdy  fixed  by  a  line  drawn 
along  the  middle  of  the  river  Mississippi,  from  its  source  to  the  river 
Iberville;  and  thence,  by  another  line  through  the  middle  of  that 
river,  and  of  the  lakes  Maurepas  and  Pontchartrain,  to  the  sea ;  and 
for  this  purpose,  the  most  Christian  king  cedes  to  his  Britannic 
majesty,  and  guaranties  to  him,  the  entire  possession  of  the  river 
and  port  of  Mobile,  and  of  all  that  he  possesses  or  should  have  pos- 
sessed on  the  left;  bank  of  the  river  Mississippi,  with  the  exception 


m 
I 


1 1 


» 


,n  f- 


2iO 


APPENDIX. 


of  Now-Orloans,  and  of  the  island  whereon  that  eity  stands,  which 
arc  to  roiiiuiii  siibjoct  to  France;  it  being  nmlerstood  that  the  naviga- 
tion of  the  iMississi|){)i  iliver  is  to  he  e([iialiy  free  to  tlio  snlijects  of 
Great  Britain  and  of  France,  in  its  whole  lireadth  and  extent,  from 
its  sonrce  to  the  sea,  and  particularly  that  part  between  the  said  island 
of  New-Orleans  and  the  right  baidt  of  the  river,  as  well  ns  the  en- 
trance and  departure  by  its  mouth.  It  is  moreover  stipniated,  that 
vesst'js  belont;ing  to  the  snlijects  of  citlier  nation  are  not  to  bo 
detained,  searched,  nor  obliged  t(j  pay  any  duly  whatsoever.  The 
stipnlatioiis  contained  in  the  fourth  article,  in  favor  of  the  inhabitants 
of  Canada,  are  to  be  of  e(]ual  ellrct  with  regard  to  the  inhabitants  of 
the  countries  ceded  by  this  article. 


IV. 

Xote  from  the  French  ^[iai)iter  to  the  Spanish  Ambassador. 

\KHHMu.KH,A2)ril2l,  1704. 

To  THE  CoN'DK  UK  FcKNTKS  : — *SV;', — Till)  king  has  caused  the  neces- 
sary orders  to  be  issued  fur  the  surrender  of  the  country  of  Louisiana, 
with  New-Orleans  and  tlu;  ishuid  ou  wliicli  the  said  city  stands,  into 
the  hands  of  tlie  commissioner  whom  his  Catholic  majesty  may  ap- 
point to  receive  them.  I  liave  SL'iit  the  same  papers  to  the  Marquis 
D'Ossun,  who  will  have  the  hoiior  to  present  them  to  his  (.'atholic 
majesty.  Your  excellency  will  see  that  the  king's  orders  are  entirely 
conformable  wilh  the  acts  signed  in  IU',2,  and  that  his  majesty  has 
caused  some  articles  to  be  inserted,  eijually  conducive  to  the  tran- 
quillity of  the  country  after  it  is  in  jiossessiou  of  his  Catholic  majesty, 
and  to  the  hapjilness  of  its  inhabitants. 

1  have  the  honor  to  be,  with  great  esteem,  your  excellency's  most 

humble  and  obedient  servant, 

The  Duke  de  Choisevl. 


V. 

Commission  of  Don  Louis  de  Unzaga  y  Amezaya. 

Don'  Carlos,  hy  the  Grace  of  God,  c^c.— ^Whereas,  Don  Alexan- 
dro  O'Reilly,  lieutenant-general  of  my  royal  ariaies,  and  inspector- 
general  of  all  my  infantry,  under  my  commission  in  the  province  of 


vm .;  I   , 


APPENDIX. 


241 


Is,  wliich 
3  naviga- 
Itjocts  of 
Mit,  from 
lid  islaiul 
5  the  on- 
itod,  that 
ot  to  bo 
or.  The 
lial)itants 
jitants  of 


ulor. 

,  1704. 

the  neecs- 

joiiisiana, 

luls,  into 

may  ap- 

Mariiuis 

i  t'atliolic 

eiiliivly 

esty  lias 

tile  trau- 

niajesty, 

cy'ri  moit 

OISEIL. 


1  Aloxan- 
iuspector- 
■ovince  of 


Louisiana,  by  a  letter  of  December   lOth,  17«'0,  has  represented  to 
me,  tliftt  in  eonsefpienee  of  the  order  which  1  had  dei^Mied  to  send  him, 
appointing  you,  Colonel  Don  Lotiis  Unzapi  y  Ainezapa,  politicfti  and 
military  governor  of  the  eity  and  province  of  Loni«.i!ina;  he  had  put 
you  in  ftossession  of  your  eommand,  mid  had  given  yon  proper  in- 
structions for  the  performancef»f  its  duties,  communicating  the  neces- 
sary orders  to  the  treasury  of  the  said  city  to  make  advances  to  you 
out  of  the  sum  of  six  thousand  dollars  assigned  to  that  oflice ;  and 
that,  until   such  assignment  should   receive  my  royal  approval,  you 
would  remain  responsible  for  all  that  you  should  receive  of  the  same; 
and  as  there  was  yet  no  example  in  that  city  of  the  sum  for  which 
each  governor  was  refpiirod  to  be  accountable,  as  security  for  his 
proper  administration,  he  had  considered  your  salary  as  fixed  at  three 
thousand  dollars,  (taking  into  consideration  the  dependencies  of  that 
province,)  and  the  amount  of  your  security  at  the  same  ;  and  in  order 
that  you  might  not  be  reduced  to  seek  for  an  inhai/itant  of  the  city 
to  become  your  security,  you  might  leave  a  fifth  part  of  your  salary, 
each  year,  in  the  treasury,  so  that  at  the  expiration  of  the  five  years 
of  your  governorship,  the  whole  amount  would  be  in  my    royal 
treasury  ;  adding,  that  he  also  thought  it  proper  you  should  be  free 
from  the  duty  of  media  anata  as  the  ofilce  was  but  newly  established  ; 
all  which  dispositions  I  approved  by  my  royal  order  of  March  24th, 
1770.     Moreover,  having  consulted  my  council  and  chambei:  of  the 
Indies,  on  the  27th  day  of  February  of  this  year,  I  resolved  to  order  this, 
my  royal  patent,  to  be  issued  in  your  favor,  declaring  you  hereby  ex- 
empt from  the  duty  of  media  atiata,  ns  the  office  has  been  but  lately 
established,  and  that  the  five  years  of  your  governorship  are  to  com- 
mence  on  the  day  in  which  you  took   possession  of  the  same,  your 
security  being  arranged  as  determined  liy  my  said  commissioner.  It  is, 
therefore,  my  will,  that  you,  the  said  Don  Louis  dc  Unzagay  Amezaga, 
should  be  military  and  political  governor  of  the  city  of  New-Orleans, 
and  province  of  Louisiana  ;  and  I  command  the  council,  justices,  and 
magistracy  of  that  city,  with  the  other  judges  and  justices  of  the 
same,  and  of  the  province,  that,  after  you  shall  have  taken  before  that 
assembly  the  oath  and  obligation  according  to  the  statutes  and  cus- 
toms of  Spain,  in  the  form  established  by  the  said  Don  Alexandre 
O'Reilly,  to  keep  the  said  city  and  province  in  my  royal  name,  and 
never  to  deliver  nor  to  surrender  it  while  you  live,  to  any  enemy  or 
any  person,  unless  coming  with  an  order  to  that  effect,  signed  by  my 

16 


iii 


,11. 

'■1, 


2-12 


APPENDIX. 


roynl  hnnd  ;  you  should  ho  k'ft  in  cxerciso  of  the  sftid  ofTice,  for  tho 
said  spdcc  of  five  years  from  and  after  tho  day  on  which  you  enter 
into  puMHcsHion  of  it,  or  as  long  as  it  may  be  my  royal  pleasure  ;  the 
forts,  Soldiers,  ammunition,  and  artillery  of  the  said  i»roviiKe  and  city» 
being  delivered  up  hy  those  who  may  hav«'  them  in  ehargi-,  to  be  used 
and  eommanded  by  you  in  all  eases  and  things  pertaining  thereunto; 
yon  eonduefiiig  the  said  military  and  polilieal  government,  as  your 
pnnleeessor  Don  Antonia  de  Ulloa,  captain  in  my  royal  navy,  should 
havtc  eondueted  it,  and  as  the  other  political  and  military  governors 
of  my  kingdoms  in  the  Indies  should  ;  remaining  subordinate  to  my 
govi-rnor  and  captain-general  of  the  i??land  of  Cuba,  and  city  of 
Havana,  in  political  and  military  matters,  and  in  all  other  cases  and 
things  [»ertaining  to  the  said  ofliee,  conformably  to  the  terms  of  one 
of  the  royal  certnlas,  which  you  will  receive,  bearing  date  on  this 
d;iy ;  you  will,  therefore,  in  all  cases  and  all'airs  which  may  present 
themsiilvcs,  regulate  your  conduct  by  tho  orders  which  the  said 
governors  and  captain  general  may  give  you;  observing  in  all  ptditi- 
cal  and  judicial  concerns,  the  laws  and  proceedings  of  the  courts, 
causing  them  to  be  fulfilled  in  all  points,  unless  you  may  have  orders 
to  the  contrary  from  me  ;  and  you  are  nut  to  interfere  in  the  ailairs 
of  my  royal  hacienda,  ()r  the  management  of  my  ro}al  treasury,  in 
the  >aid  province  and  city  ;  because,  as  gtjvernor,  you  have  no  faither 
powers  in  such  matters,  than  that  of  interposing  through  the  royal 
ofncers,  in  cases  of  introduction  of  illicit  goods  and  confiscations,  and 
in  visiting  vessels  arriving  tluire,  either  yourself  in  person,  or  by  your 
agents;  it  being  likewise  your  duty  to  devote  yourself  with  esi)ecial 
zeal,  purity  and  disinterestedness,  to  the  defence  and  security  of  the 
province,  and  to  the  maintenance  ui  the  most  perfect  discipline  among 
those  in  garrison,  to  the  prevention  of  illicit  trade,  and  to  the  faithful 
observance  of  my  royal  orders. 

I  moreover  command  the  said  council,  justices  and  magistracy  of 
the  city  of  New-Orleans,  and  all  otiiers,  ministers,  sojourners  and 
inhabitants  thereof,  and  of  the  province  of  Louisiana,  as  soon  as  re- 
quired by  this  my  royal  patent,  to  have,  receive,  and  hold  you  as 
such  military  and  political  governor  of  the  said  province  and  city, 
for  the  whole  period  during  which,  as  above  expressed,  it  is  my  will 
that  you  should  exercise  this  ofilce  ;  preserving  and  securing  to  you, 
and  to  such  deputies  that  yuu  may  appoint,  according  to  the  form 
established  in  another  royal  ceduhi,  bearing  date  also  this  day,  all 


APPENDIX. 


243 


for  tlio 
n\  enter 
lie  -,  ll»e 
ind  city » 
I  be  \ised 
eromito  •, 

as  your 


yi 


sill  mid 


;()Vernor3 

te  to  my 
I  city  of 
jivses  ftiid 
»s  of  one 
i  on  this 
y  present 
the  snid 
all  politi- 
he  courts, 
live  orders 
I  the  ntVuirs 
■eivsury,  in 
\w  fill  ther 
the  royal 
.tions,  and 
r  iiy  yi'Ur 
1  especial 
ity  of  the 
ine  among 
he  faithful 

ristracy  of 
iniors  and 
soon  as  re- 
el you  as 
and  city, 
is  my  will 
iig  to  you, 
()  tlie  form 
lis  day,  all 


honors,  fiivors,  rights,  privileges  and  irnmuiiities  without  exception, 
corresponding  with  the  respective  stations  ;    ull  such  deputies  and 
others  ill  the  said  province,  coininandants,  oflieers  and  soldiers,  con- 
sidering you  as  such  military  and  pulilical  govirnor,  and  (il)eying  the 
orders  wlilchyou  iiiay  gi^e  thcin  in  my  royal  service,  eillier  vt'rbally 
or  in  writing;  and  I  onimand  the  royal  (jllici'rs  of  the  said  province 
to  pay  you,  if  they  have  not  already  done  so,  the  six   thousand  dol- 
lars mentioned  above,  as  your  salary,  for  every  year  of  your  service, 
out  of  any  funds  which  are  or  may  be   in  my  royal   lntc'iendu,  on 
authentic  presentation  of  this  patent,  with  your  receipt,  whieli  sums 
will  be  [)assed  to  your  account  for  your  satisfaction  j  it  being  under- 
stood, however,  that  a  fifth  part  of  your  said  salary  is  to  be  annually 
retained  as  security  for  your  administration.     I  deelare,  that  for  this 
liivor,  you  are  to  pay  no  duty  of  media  unata,  inasuuieh  as  the  ollice 
you  hold  is  one  of  recent  erealion.     And  note  shall  lie  taken  of  this 
puteiit,  in    the    oHiees  of  the  accountants-general  of   distribution  of 
my  royal   hacienda,  and  council  of  the  Indies,  within   two  months 
after  the  date  thereof,  in  default  of  which  the  same  shall  be  void  : 
note  shall  also  be  taken  by  the  said  royal  ollicers,  of  the  city  of  Ncw- 
Or  leans. 
Given  at  San  Udefonso,  this  17th  of  August,  1TT2. 

(Signed)         1,  The  Kino. 


VI. 

Commission  of  Don  Bernardo  de  Galvez, 

DoM  Caklos,  By  THE  GuACE  OF  Gon,  &;c. — Whereas,  in  considera- 
tion of  your  merits,  and  of  the  especial  services  peifoimed  by  you, 
Don  Heniardo  dtj  Galvez,  cohjiiel  of  the  stationary  regiment  of 
infantry  of  Louisiana,  while  acting  as  governor,  ad  luhrLn,  of  that 
province,  and  in  condescension  to  the  desires  of  its  iiihalpitanls,  J  have 
thought  proper,  by  iny  royal  decrees  •  of  the  2'2d  of  April  lust,  to 
declare  you  governor  {en  proprledad)  of  the  same. 

Therefore,  it  is  my  will,  that  you,  the  said  Don  Bernardo  de 
Galvez  should  be  political  military  governor  of  the  city  of  New- 
Orleans,  and  province  of  Louisiana  ;  and  I  command  the  council, 
justices  and  magistracy  of  that  city,  with  the  other  judges  and  min- 
isters thereof,  and  of  the  province,  that,  after  you  shall  have  taken 
before  that  assembly  tlie  oath  and  obligation,  conforiaahl(/  with   the 


i 


^i  '! 


f;  :    r 

I  ■  ^ 
\  'I 


iliii  I 


■!■!:■ 


''.n  ■:' 


244 


APPENDIX. 


Statutes  and  customs  of  Spain,  and  according  to  the  form  established 
by  Lieutenant  General  Don  Alexandra  O'Reilly,  to  keep  the  said  city 
and  province  in  my  royal  name,  and  not  to  deliver  or  surrender  them, 
■while  you  live,  to  any  enemy,  nor  to  any  person  whatsoever,  unless 
he  bring  you  an  authority  to  that  effect,  signed  by  my  royal  hand, 
they  shall  leave  you  in  the  entire  exercise  of  the  office,  which  you 
held  ad  interim,  for  the  space  of  five  years,  more  or  less,  according 
t )  my  pleasure.  The  forts,  soldiery,  ammunition  and  artillery  in  the 
said  province,  being  delivered  up  to  you  by  those  who  may  have 
been  charged  therewith,  to  be  commanded  and  employed  by  you,  in 
all  cases  and  things  pertaining  to  them ;  you  exercising  the  said 
political  and  military^  government  in  the  same  manner  in  which 
your  predecessor,  Don  Loxiis  de  Unzaga  y  Amezaga  did  and  should 
have  exercised  it,  and  as  the  other  political  and  military  governors  of 
my  kingdoms  in  the  Indies,  do  and  should  exercise  it ;  being  subordi- 
nate to  my  governor,  captain-general  ..of  the  island  of  Cuba,  and  city  of 
Havana,  in-  military  and  political  affairs,  and  in  all  cases  and  circum- 
stances pertaining  to  the  said  office,  according  to  the  terms  of  the  royal 
cedula  of  August  22d,  1772.  You  will,  therefore,  conform  in  all  busi- 
ness and  cases  which  occur,  to  the  orders  reeeivedfrom  the  said  governor 
and  captain  general ;  observing  in  affairs  of  politics  and  justice,  the 
laws,  and  tvluitever  else  may  emanate  from  the  courts,  causing  ihetn  to 
befi/Jillcd  in  all  particulars,  unless  zvhere  J  shall  have  commanded  to 
the  contrary.  And  whereas,  by  virtue  of  the  regulation  issued  by 
the  said  Don  Alexandre  O'Reilly,  and  since  confirmed  by  my  royal 
cedula  iif  July  21st,  177G,  you  have  a  right  to  [oscompeten)  the  facul- 
ties of  inteiidant  of  the  said  province,  you  are  to  manage  the  affairs 
of  my  royal  hacienda  there,  in  conformity  with  the  said  regulation, 
and  as  your  aforesaid  predecessor  managed  them  ;  it  being  likewise 
your  duty  to  devote  yourself  with  the  utmost  zeal,  purity  and  disin- 
terestedness, to  the  defence  and  security  of  that  province,  and  to  the 
preservation  of  the  most  exact  discipline,  among  the  troops  garrison- 
ing it,  as  also  to  the  extinction  of  unlawful  commerce,  and  the 
punctual  observance  of  my  royal  orders.  I  also  command  the  said 
council,  justices  and  magistracy  of  the  s^iid  city  of  New-Orleans,  and 
all  other  ministers,  sojourners  and  inhabitants  thereof,  and  of  the  pro- 
vince of  Louisiana,  that  as  soon  as  required  by  this  my  n^yal  patent, 
they  receive  you  as  political  and  military  governor  of  the  said  pro- 
vince and  city,  for  the  whole  period  above  expressed,  during  which  it 


APPENDIX. 


245 


'ahlished 
mid  city 
er  them, 
r,  unless 
al  hand, 
lich  you 
ccording 
ry  in  the 
my  have 
yr  you,  in 
the  said 
in  which 
d  should 
!€rnori  of 
7  siibordi- 
nd  city  of 
d  circiim- 
tlie  royal 
I  all  husi- 
'  f/ovcrnor 
iistice,  the 
'ij  them  to 
manded  to 
ssucd  by 
my  royal 
the  fucul- 
the  aflliirs 
L'gulation, 

ikewise 

ind  disin- 

md  to  the 

garrison- 

and  the 
d  the  said 
leans,  and 
f  the  pro- 
al  patent, 

said  pro- 
II  vshieh  it 


is  my  pleasure  that  you  should  exercise  that  oflice,  giving  and  securing 
to  you,  as  well  as  to  the  deputies  [tenientes)  whom  you  have  appoint- 
ed, or  may  appoint,  all  the  honors,  tuvors,  rights,  privileges  and  im- 
munities without  exception,  wliioh  correspond  to  tiie  respective 
stations,  the  said  deputies,  and  others  of  the  said  province,  com- 
mandants, oflicers,  and  soldiers,  considering  you  as  such  military  and 
political  governor,  and  obeying  all  orders  which  you  may  give  them, 
for  my  royal  service,  verbally,  or  in  writing.  And  the  accountant 
and  treasurer  of  the  said  province  is  to  give  and  to  pay  to  you  the 
sum  of  six  thousand  dollars,  being  the  annual  salary  assigned  to  that 
office,  from  the  day  in  which  it  is  proved  that  you  have  entered  into 
it,  to  the  expiration  of  the  said  term  (;f  five  years,  nuH-e  or  less, 
according  to  my  pleasure,  out  of  any  funds  which  are,  or  may  enter 
into  my  royal  hacienda,  on  due  presentation  of  this  patent,  and  of 
your  receipt,  without  any  other  formality  ;  which  sum  shall  be  put 
down  to  your  account,  for  your  satifaction  ;  it  being  understood, 
however,  that  as  security  for  your  adminihtration,  according  to  the 
form  established  l>y  the  said  Don  Alexandro  O'Keilly,  a  fi'th  part  of 
your  said  salary  is  to  be  retained  in  the  royal  treasury,  in  each  of  the 
said  five  years,  the  sum  assigned  as  duty  of  media  anuta,  for  the  said 
salary,  being  also  secured  thereon,  by  the  commissary  and  accountant 
of  said  duty,  according  to  the  terms  of  the  royal  cedula,  of  the  24th 
of  May,  1778,  together  with  the  IS  per  cent,  additional,  for  convey, 
ing  the  whole  to  these  kingdoms,  as  set  forth  in  the  regulations  of 
the  tariff,  and  various  others  on  the  subject.  And  note  shall  be 
taken  of  this  patent,  in  the  oi  ces  of  the  accountants-general  of  dis. 
tribution  of  my  royal  hacienda,  und  of  my  council  of  the  Indies,  with- 
in two  months  from  the  date  thereof,  otherwise  it  shall  become  void  : 
note  shall  also  be  taken  of  the  same,  by  the  afore-mentioned  account- 
ant and  treasurer  of  New-Orleans. 

Given  at  Aranjuez,  on  the  8th  of  May,  1779. 


VII. 

Dispatch  of  the  Marquis  de  Orimaldi  to  Don  Lonis  Unzaga. 

Saint  Ildefonso,  August  24,  1770. 
Lieutenant-Gexeral  Don  Alexandro  U'Reilly,  in  his  letter  No. 
33,  from  this  city,  dated  March  1,  sent  me  copies  of  the  instructions 


I* 

■itril 


,    -'Wi 


2^6 


APPENDIX. 


n  -' 


m 


which  he  had  drawn  up,  for  the  lieutenant-governor  established  in 
the  Illinois  and  at  Natchitoches,  and  the  new  special  (par(iculares) 
lieutenants  of  the  districts  (partidos)  of  that  province.  lie  informed 
me,  that  he  had  himself  been  to  Point  Coiipce,  and,  at  the  request  of 
the  inhabitants,  had  appointed  a  surveyorf  )r  each  ^)«r^(Wo,  at  half  the 
former  salary.  He  also  enclosed  to  me  an  instruction  explaining 
the  forms  to  be  observed  in  this  business,  and  declaring  that  the 
granting  of  land  in  that  province  had  been  confided  by  his  Christian 
majesty  to  the  governor  and  comisario  onUnator  ;  and  he  considered 
it  would  be  better  in  future  that  the  governor  alone  should  be  author- 
ized by  his  majesty  to  make  those  grants;  and  that  orders  would  be 
given  for  conforming  entirely  with  the  said  instructions,  which  had 
been  drawn  up  and  printed,  in  the  distribution  of  the  royal  lands. 

The  king  having  examined  these  dispositions  and  propositions  of 
the  lieutenant-general,  approves  them,  and  also  that  it  should  be  you 
and  your  successors  in  that  government  only,  who  are  to  have  the 
right  to  distribute  i^reimrth-)  the  royal  lands,  conforming  in  all  points, 
as  long  as  his  majesty  does  not  otherwise  dispose,  to  the  said  instruc- 
tions, the  date  of  which  is  February  18th,  of  the  present  year. 

I  comnnniicate  this  to  you,  in  order  that  you  may  understand  and 
carry  it  into  eflect.     God  preserve  you  many  years. 

Given  at  Saint  lldefonso,  August  24,  1770. 

(Signed)        Marquis  de  Grimaldi. 


viir. 

Royal  Order  to  Bon  Pedro  Garcia,  Mayoral. 

The  Pardo,  January  28,  1771. 

By  decree  of  May  2d,  1705,  I  communicated  to  my  council  that  I 
had  appointed  Captain  Don  Antonio  de  Ulioa,  of  my  royal  navy,  to 
proceed  to  the  province  of  Louisiana,  which  had  been  ceded  by  my 
cousin,  the  most  Christian  king,  and  take  possession  thereof,  as  gover- 
nor, by  virtue  of  warrants  and  instructions;  making,  however,  for 
the  time,  no  innovation  in  its  system  of  government,  which  is  to  be 
entirely  independent  of  the  laws  and  practices  observed  in  my  Ameri- 
can dominions;  but  considering  it  is  a  distinct  colony,  having  even 
no  commerce  with  the  said  dominions,  and  under  the  control  of  its 
own  administration,  council  and  other  tribunals  ;  its  direction  and 


APPENDIX. 


247 


1771. 
that  I 


)l  of  its 
lion  and 


the  correspondence  with  it  being  reserved  to  the  minister  of  state,  as 
far  as  ri?gards  the  situation  of  the  country,  and  tlie  laws  and  customs 
with  which  its  inhal)itants  are  to  remain  conforming.     But  those  in- 
hahitants  having  rebelled,  on  the   27)th,   17G8,  /  commimoned  Don 
Alexandro    G'Reilbj,  lieutenant-general  of  the  army,  and   inspector- 
general  of  all  mg  infantry,  to  proceed  thither,  take  formal  possession,^ 
chastise  the  ringleaders,  and  [informing  me  of  all)  establish   the  said 
government,  uniting  the  province  to  the  rest  of  mg  dominions  ;  all  of 
which  he  did,  adapting  its  laws,  and  after  proposing  to  me  that  which 
he  judged  proper  for  the  commerce  of  the  country,  and  for  the  extinction 
of  the  council  by  which  it  is  governed,  establishing  a  cabildo  in  the 
place  of  said  council,  and  taking  other  measures,  as  ivill  be  seen  from 
the  statements  hereunto  annexed ; — all  of  tvhich  were  (    jroved  by  me, 
as  likeioise  the  appointment  of  Colonel  Don  Louis  de       izaga  y  Ame- 
saga,  as  political  and  military  governor,  with  a  salary  of  six  thousand 
dollars,  free  from  the  duty  of  media  anata,  and  of  two  royal  officers, 
to  take  charge  of  the  administration  of  my  hacienda,  to  wit:  Don 
Antonio  Jose  de  Agiiier,  as  comptroller,  (contador,)  with  a  salary  of 
1600  dol'ars  per  annum  ;  and  Don  Martin  Navarro,  as  treasurer 
with  1,200  dollars  per  annum;  and  of  three  officers  at  salaries  of 
500,  400,  and  360  dollars  respectively.     1  have  resolved,  that  all 
which  has  been  established  as  above,  should  remain  and  continue 
fixed  ;  the  said  province  being,  as  to  its  spiritual  concerns,  annexed 
to  the  bishopric  of  Havana,  and  governed  according  to  the  laws  of 
the  Indies,  and  the  regulations  provided  in  them,  and  by  special  orders 
for  my  American  dominions,  by  the  ministry  of  the  Indies  and  the 
council,  as  being  incorporated  with  those  of  my  kingdom  ;  and  also 
that  it  depend  upon  the  captain-generalcy  and  administration  of  the 
royal  hacienda  of  Havana,  just  as  the  government  of  Cuba  does  ;  for 
•which  purpose  I  approved  the  formation  of  a  tribunal  composed  of  the 
captain  general  as  president,  and  the  auditors  of  war  and  marine  ;  the 
attorney  [fiscal)  of  the  royal  hacienda  acting  as  attorney,  and  the 
clerk  [escribano)  of  the  government  as  clerk  ;  to  which  tribunal  these, 
my  vassals,  can  appeal,  and  from  it  to  the  council,  without  being 
obliged  to  apply  to  the  more  distant  audiencia  of  Santo  Domingo. 
This  shall  be  understood  in  the  council,  and  in  the  chamber  for  its 
observance;  and  the  cedulas  shall  be  issued,  and  measures  provided 
for  carrying  into  effect  what  has  been   utermiijed  ;  I  being  consulted 
on  all  doubts,  and  on  all  amendments  which  may  offer. 
Given  at  the  Pardo,  on  the  2Sth  day  of  January,  1771. 


m 


l^ 


W 


i>    V 


-h 


^f': 


243 


APPENDIX. 


IX. 


\Report  to  the  IClnr;,  on  Don  A.  O^Reilh/s  Statements. 

Council  and  Chamber  of  the  Indies,  February  21th,  1772. 

Your  majesty  communicated  that  you  had  appointed  Don  Antonio 
de  Ulloa  governor  of  Louisiana,  which  had  been  ceded  by  the  must 
Christian  king;  and  that  in  the  instructions  given  to  him,  he  was 
commanded  to  govern  that  province  independently  of  the  practice 
observed  in  America,  and  under  the  direction  of  the  council  of  state; 
but  that  the  inhabitants,  ungrateful  for  this  distinction,  had  risen  up 
in  rebellion — ■for  which  reanon  your  majesty  had  commissioned  LieU' 
tenant- General  Don  Alexander  O'Reilly  to  proceed  thither,  take  for- 
mal possession,  chastise  the  ringleaders,  and  establish  such  a  form  of 
government  as  woull  be  most  compatible  ivith  the  condition  of  the 
country,  its  climate,  and  the  character  of  its  inhabitants. 

Your  majesty  was  pleased  then  to  notify  the  council  of  the  energy, 
promptness,  and  activity,  with  which  Don  Alexander  O'Reilly  had 
executed  these  difficult  charges  ;  and  that  the  measures  he  had  taken 
were  all  so  just,  and  so  well  adapted  to  the  right  intentions  of  your 
majesty,  that  they  had  merited  your  entire  approbation;  and  that  for 
their  being  carried  into  eflfect,  you  had  commanded  the  proper  cedulas 
to  be  issued,  yourself  being  consulted  on  all  doubts  and  amendments 
which  might  present  themselves. 

The  council,  entering  into  the  spirit  of  the  royal  decree,  has  exam- 
ined with  scrupulous  attention  all  the  dispositions  of  the  said  Don 
Alexander  O'Reilly,  with  all  his  orders,  and  proceedings  in  Louisiana; 
to  which  eflect  it  has  referred  to  all  the  documents  accompanying  the 
said  decree,  viz. :  the  credula,  by  which  his  commission  was  given,  with 
power  to  take  possession  of  said  province,  and  six  statements,  made 
by  him;  together  with  six  draughts  of  royal  orders,  approving  the 
same — the  whole  drawn  out  at  length. 

O'Reilly  sets  forth  in  his  first  statement,  that  the  province  of 
Louisiana  cannot  subsist  without  trade,  its  inhabitants  requiring  flour, 
wine,  oil,  arms,  ammunition,  and  all  sorts  of  clothing;  in  exchange 
for  which,  they  could  give  indigo,  cotton,  skins,  Indian  corn,  rice,  and 
especially  woods,  which  could  be  sold  to  great  advantage  in  Havana, 
if  that  port  were  opened  to  it&m  trade  with  Spain,  with  the  understand- 


APPENDIX. 


249 


Itl 


exam- 
id  Don 

isiana; 

ing  the 
in,  with 
s,  made 
ing  the 

ince  of 
ig  flour, 
x-hange 
ce,  and 
avana, 
rstand- 


ing,  however,  that  the  productions  of  the  province  should  pay  no 
duty  on  entering  Havana;  nor  any  alcabala  or  export  duty  be  laid 
on  goods  leaving  that  port  for  Louisiana;  that  all  vessels  belonging 
to  the  col(jny  should  be  admitted  as  Spanish  into  Havana,  and  all 
other  ports  of  Spain,  with  the  restrielion,  however,  that  no  vessel  be 
admitted  into  New-Orleans,  or  employed  in  transportation,  unless  it 
be  Spanish,  or  belonging  to  the  province;  that  vessels  arriving  fronx 
Catalonia  with  red  wine,  should  take  away  wood  and  other  articles  to 
Havana,  and  thence  carry  sugar ;  that,  for  just  reasons,  he  had  ex- 
pelled from  Louisiana  the  English  merchants  who  were  established 
there,  and  who  ruined  and  impoverished  the  country  by  their 
monopolies  and  illicit  trade;  for  which  he  hoped  to  receive  your 
majesty's  approbation. 

He  merited  such  approbation  in  reality,  as  appears  from  the  royal 
order  accompanying;  and  the  council  having  heard  the  opinions  of 
the  attorneys  and  comptrollers  general,  declares,  that  the  measures 
set  forth  in  the  said  statement,  by  General  O'Reilly,  arc  so  proper 
and  so  well  calculated  to  render  that  province  happy,  that  they  alone 
are  suflicient  to  show  the  profoundness  of  his  comprehension,  the  su- 
blimity of  liis  spirit,  and  the  correctness  of  his  judgment;  that  there 
is  nothing  which  sht)uld  be  altered  in  them  ;  and  in  those  measures, 
it  can  see  the  germ  of  many  improvements,  and  much  that  may  con- 
duce to  the  advantage  and  prosperity  of  the  colony. 

The  council,  however,  considers,  that  it  is  not  proper  to  exempt 
forever  front  duty  goods  transported  from  Louisiana  to  Havana,  but 
only  for  a  time,  and  until  the  motives  for  such  an  extraordinary  favor 
shall  have  ceased.  Your  majesty  is  to  resolve,  also,  whether  thoy 
shall  pay  the  duty  of  amoxarijlizffo  ;  and,  upon  the  whole,  it  is  the 
opinion  of  the  council,  that  proper  cidnlas  should  be  issued  for 
carrying  into  effect  the  system  of  commerce,  as  proposed  by  the  said 
O'lieillv. 

General  0''ReUly,in  his  second  statement,  considers  it  necessary  that 
the  said  province  should  be  subject  to  the  same  iaivs  as  the  other  domin- 
ions in  America  ;  and  that  all  the  proceedings  should  be  carried  on  in 
the  Spanish  language  ;  that  a  new  tribunal  should  be  created,  com- 
posed of  judges  understanding  both  languages,  the  appeals  from 
which  should  not  be  carried  to  the  audiencia  (a  higher  court)  of 
Santo  Domingo,  with  which  the  province  has  but  little  intercourse, 
but  to  Havana,  where  a  tribunal  should  be  established  for  the  pur- 


M::    i 


250 


APPENDIX. 


pose,  composed  of  the  governor,  the  auditors  of  war  and  marine,  tho 
attorney  of  the  royal  hacienda,  and  the  clerk  of  the  povernniotit ;  and 
from  which  they  should  come  to  the  council.  Finally,  that  the 
government  of  Louisiana  should  he  dependent  on  the  captain- 
generalcy  and  ministry  of  the  royal  hacienda  of  Havana. 

Yuur  majesty  approved  those  dispositions  of  O'Reilly,  and  the 
council,  considering  this  as  an  evidence  of  the  advantages  to  be  de- 
rived, admires  the  measures  of  the  said  general,  which  prove  the 
vastness  of  his  genius,  and  that  the  establishment  proposed  by  him 
is  so  far  worthy  of  being  made,  that  the  necessary  cediilns  should  be 
issued  to  the  ministers  of  Havana  and  N^ew-Orleans,  regulated  in  all 
points  according  to  your  prudent  orders,  but  with  the  condition,  that 
the  intendants  of  the  royal  hacienda  and  matineare  to  have  voice  and 
votes  in  the  new  trilumal  to  be  formed  in  Havana. 

O'lieilly,  in  his  third  statement,  declares  that  he  has  chosen  six 
regidores,  or  magistrates  of  New-Orleans,  to  form  a  municipal  coun- 
cil {cahildo),  two  ordinary  alcaldes,  a  syndic  attorney-general,  and  a 
superintendent  of  public  property  {Mayordomo  de  Propios)  ;  giving 
the  names  of  these  persons,  and  annexing  two  principal  copies  of 
instructions — the  one  for  the  regulation  of  the  cabildo,  and  the  in- 
struction of  its  members — the  other  for  the  direction  of  the  judges; 
that  in  the  said  cabildo,  he  had  put  Don  Luis  de  Unzaga  in  possession 
of  the  government,  and  had  abolished  and  suppressed  the  old  council; 
that  he  assigned  more  proper  salaries  to  the  regidores,  clerk,  and 
assessor,  and  made  arrangements  for  building  a  house  of  fl?/»/itam?V;jto 
(meeting  of  the  municipal  body),  by  a  person  to  whom  he  had  ceded 
the  proprietorship  of  the  land  destined  for  the  government  garden; 
and  that  as  funds  for  the  city,  he  had  assigned  certain  duties  on  shops, 
taverns,  gaming  houses,  &c.,  the  arrangements  respecting  which 
were  received  by  the  inhabitants  with  great  satisfiiction  ;  that  there 
had  been  long  established  in  that  capital,  a  duty,  under  the  denomi- 
nation of  anchorage,  destined  for  the  preservation  of  the  levy  ;  and 
as  repairs  were  constantly  required,  he  had  made  no  innovation  either 
in  the  duty  or  in  its  destination.  Finally,  that  the  appoifttments  of 
regidores,  clerk,  &c.,  as  well  as  the  assignment  of  funds  for  the  city, 
merit  your  majesty's  approbation  to  their  firr^i  establishment. 

Your  majesty  has  given  this  approval,  and  the  council  respects  so 
wise  a  resoluti(jn  ;  admiring  in  O'Reilly  the  energy  with  which  he 
has  proceeded  in  matters  which  were  out  of  his  ordinary  employ- 


I      J.- 


APPENDIX. 


251 


rinc,  tho 

:"tit;  and 

that  the 

captain- 

and  the 
to  be  de- 
rove  the 
J  by  him 
hoiild  be 
ted  in  all 
Lion,  that 
voice  and 

losen  six 

pal  coun- 

al,  and  a 

) ;  giving 

copies  of 

cl  the  in- 

e judges; 

ossession 

council; 

erk,  and 

tamiento 

ad  ceded 

garden ; 

n\  shops, 

g    which 

lat  there 

donomi- 

vy;  and 

n  cither 

nients  of 

the  city, 

pects  so 
•hich  he 
employ- 


ment  and  sphere;  in  his  provisions  for  tho  civil,  economical,  and 
political  government,  nothing  has  been  found  requiring  amondment 
or  addition ;  moreover,  in  both  undertakings,  theie  appears  a  delicate 
knowledge,  and  acute  discernment  of  the  laws  of  both  kingdoms,  as 
well  as  of  the  practical  and  the  f  )rensic  styles  of  our  courts.  The 
council,  therefore,  conceives  that  proper  cedttlas  should  be  issued,  for 
the  formal  establishment  of  these  oxcolU'nt  provisions,  it  being  also 
ordered  that  some  copies  of  tho  digests  (^Recninlac'wn)  of  tht;  Ittws  of 
the  Indies,  and  of  Castile,  be  sent  to  the  colony,  and  deposited  among 
the  archives  of  the  ayuntamientn,  in  order  that  the  natives  of  the 
country  may  instruct  themselves  in  the  form  of  our  government, 
more  minutely  than  they  can  from  the  manual  drawn  up,  with  such 
discretion,  by  the  said  general,  inasmuch  as  the  latter,  though  very 
clearly  and  methodically  expressed,  is  only  an  abridgment  or  com- 
pendium. 

O'Keilly  declares  in  \\\9,  fourth  statement,  that  conformably  with 
your  majesty's  resolution,  he  had  put  Don  Luisde  Unznga  in  posses- 
sion of  the  political  and  niilitary  government,  with  a  salary  of 
six  thousand  dollars,  from  which  are  to  be  discoimted  one-fifih  as 
security,  to  be  restored  to  him  when  his  term  of  oflice  expires  ;  it  ap- 
pearing proper  that  he  should  be  freed  from  the  duty  oi' media  anaia, 
as  the  office  was  one  of  recent  creation. 

These  dispositions,  also,  merited  your  majesty's  approval ;  and  the 
council  is  of  opinion  that  the  ceduhi  should  be  made  out;  conforma- 
bly with  what  is  proposed  by  the  said  general,  who,  in  these,  as 
well  as  in  other  provisions,  has  acted  with  the  most  consummate 
policy. 

With  th\s ^fi/th  statement  he  sent  a  minute  regulation,  in  which  he 
detailed  all  the  expenses  of  your  majesty  in  that  province,  and  which 
were  considered  necessary,  under  present  circumstances,  taking  into 
view  the  commerce,  genius,  character,  climate,  and  the  causes  of  the 
late  difficulties  among  the  colonists  ;  he  showed  that  he  had  reduced 
the  number  of  persons  employed  in  the  comptroller's  office,  and  in 
the  public  store,  without  any  detriment  to  the  prosecution  of  busi- 
ness in  either  office ;  that  eighteen  priests,  understanding  both  French 
and  Spanish,  were  required  for  the  parishes  of  the  country  ;  and  that 
supposing  the  spiritual  aflairs  to  remain  under  the  direction  of  the 
bishop  of  Havana,  that  prelate  might  direct  some  friars  of  the  cfim- 
munity  of  Saint  Francis,  at  that  city,  to  learn  the  French  language, 


;:l|^ 


'i  'M 


252 


APPENDIX. 


!  , 


m 


ill  order  that  these  missions  may  it  all  times  bo  filled  ;  and  that  if  your 
majesty  apftroved  the  enelosed  regulation,  130  d  Wlars  a  year  would 
be  saved  of'  the  250  with  which  the  colony  was  endowed. 

Voiir  majesty  also  approved  all  that  had  been  proposed  and  done  by 
the  said  general ;  and  the  council  considers  that  it  justly  merited  the 
royal  approval,  nothing  appearing  among  tlte  provision  t  luhich  does  not 
conduce  to  the  interests  of  your  majesty,  and  the  happiness  nf  the  colony. 
It  sees,  hy  the  admirable  arrangement  of  pay  and  destination,  which 
he  has  proposed  in  the  military  and  political  classes,  the  treasury 
gains  l.'iO  dollars,  which  advantage  is  due  to  the  |^comprehensivo  and 
indefatigalde  genius  of  the  comn)issit>ner. 

The  council  also  is  of  opinion  that  the  commissioners  should  be 
sent,  as  proposed,  and  that  the  proper  cedillas  should  be  sent,  for  both 
purposes,  as  also  for  the  establishment,  as  your  majetty  ordains,  of 
pi'blic  schools,  in  xoliich  the  Jirst  2>rinci2)les  of  the  Christian  doctrine 
may  be  taught  in  the  Spanish  language,  in  order  that  the  use  of  the 
same  may  be  extended.  The  council  hopes  your  majesty  will  have 
sent  to  him  a  copy  of  the  contracts  to  be  made  with  the  director  and 
masters  of  public  schools,  and  the  salaries  to  be  paid  to  the  friars, 
while  studying,  in  order  that  they  be  transmitted  to  the  comptroller- 
general,  to  be  included  in  the  accounts  of  Louisiana. 

In  the  sixth  and  last  statement,  he  informs  your  majesty  that  he  had 
appointed  a  lieutenant-governor  for  the  district  of  Illinois,  Natchi- 
toches, &c.,and  giving  instructions  for  the  purpose  of  putting  an  end 
to  illicit  commerce,  preserving  good  order,  and  maintaining  the  provi- 
sions of  the  supreme  government ;  he  also  encloses  copies  of  the  said 
instructions,  adding  that  the  colonists  had  admitted  the  regulations 
with  good  will,  and  they  were  likely  to  secure  their  aflfeciions  for  the 
sovereign  under  whi)se  mild  government  they  lived  ;  that  in  order  to 
complete  this,  he  had  gone  himself  into  that  distant  province,  visiting 
each  village,  listening  to  the  colonists,  and  deciding  in  their  disputes 
and  complaints,  without  the  embarrassing  forms  of  forensic  proceed- 
ings ;  that  he  had  caused  the  lands  of  the  inhabitants  to  be  surveyed, 
fixing  the  limits,  and  subjecting  this  distribution  to  the  forms  con- 
tained in  a  paper  accompanying;  that  he  considered  it  proper  that 
grants  of  lands  to  the  colonists  should,  in  future,  be  made  by  the 
governor  alone ;  your  majesty  first  authorizing  him  to  make  these 
grants  ;  and  that  they  should  be  regulated  according  to  a  paper  which 
O'Eeilly  caused  to  be  drawn  up,  in  a  meeting  [junta)  called  for  that 


ll%:;:i| 


APPENDIX, 


253 


lit  If  your 
sur  would 

d  done  by 
e riled  the 
i  does  not 
he  colony. 
un,  which 
treasury 
nsivc  und 

ihould  be 
,  f«)r  both 
rduins,  of 
I  doctrine 
ufie  of  the 
will  have 
ector  und 
the  friars, 
nptroUer- 

lat  he  had 
,  Natchi- 
^  an  end 
le  provi- 
the  said 
Tulations 
s  for  the 
order  to 
,  visiting 
disputes 
procecd- 
urveyed, 
rms  con- 
ope  r  that 
e  by  the 
ke  these 
:>er  which 
1  for  that 


purpose,  and  composed  of  the  persons  best  acq^uainted  with  the  alTalrs 
of  the  colony. 

Your  majesty  deigned  to  approve  the  provisions  of  this  last  state- 
ment, as  well  as  those  of  all  the  preeediiii;  ones,  except  the  article 
relating  U»  the  punishment  of  adulterers,  which  was  ordered  to  be  left 
in  suspense.  And  the  council  considers,  that  in  a  eoniniission  so 
troublesome  and  dilTicult,  and  which,  froni  the  number  of  intricate 
matters  embraced,  met  with  numerous  obstacles,  and  demanded  a 
high  degree  of  method  and  order,  Don  Alexandro  O'lieilly  has  had 
the  good  fortune  to  be  right  in  all  cases,  and  to  arrange  things  with 
so  much  prudence,  that  (provided  his  plans  are  siiff.red  to  continue) 
all  will  infallibly  be  conducted  for  the  best  interests  of  both  their 
miijesties.  IJe  has  caused  the  new  power  under  which  the  colonists 
are  placed,  to  be  loved  and  respected  ;  he  has  enforced  justice  and 
the  laws;  has  protected  and  extended  commerce;  has  established 
harmony  and  concord  with  the  neighboring  Indians  ;  has  ordered  and 
placed  troops  at  convenient  positions,  disciplining  them  with  that 
skill  which  is  so  remarkable  even  among  the  many  extraordinary 
qualities  of  this  general  oflicer;  nothing  has  escaped  his  comprehen- 
sive penetration.  The  particular  emjiloyments  of  persons  destined 
for  the  public  service — utensils  to  be  distributed  to  the  troops — the 
formation  of  various  companies  of  militia,  and  their  duties — and  in  a 
word,  all  that  belongs  to  the  political  and  military  government  of 
that  province,  has  been  disposed  by  this  general  with  so  much  accu- 
racy, prudence,  and  wisdom,  that  the  coinicil  finds  iiothing  requiring 
the  slightest  amendment ;  but,  on  the  contrary,  many  things  worthy 
of  its  admiration  and  praise,  which  it  justly  bestows;  all  of  which,  it 
appears  to  the  council  proper  that  your  majesty  should  approve,  and 
that  royal  cedulas  should  be  issued  conformal)ly  with  the  representa- 
tions, instructions,  and  notices  of  this  commissioner. 

The  chamber  represents  to  your  majesty,  that  at  the  same  time  the 
cedulas  are  sent,  the  royal  will  be  expressed  to  the  bishop  of  Cuba, 
that  he,  in  exercise  of  his  new  jurisdiction  and  pastoral  ministry, 
promote  all  that  may  conduce  to  the  spiritual  government  and  good 
of  those  parishes,  and  that  he  give  account  of  what  occurs,  as  well  as 
of  what  he  considers  necessary  for  the  improvement. 

Determined  March  23,  \1T2^  thus: 

"  Let  the  above  be  carried  into  efioct,  and  the  proper  cedulas  be 
issued  by  the  council,  for  the  confirmation  of  those  establishments,  in 
all  their  points. 


n 


(i' 


m 

'K': 


I 


254 


APPENDIX. 


X. 


OnniNANCES  AND  INSTUUCTIONS  OF  DON  ALEXANDEU  o'hEILLY, 

Commander  of  Benfai/nn,  of  the  order  of  Alcantara,  Lieutmanl-General  of 
the  annus  of  His  Majesty,  Inspector-Geniral  tf  Infantry,  and,  hy  cummiS' 
sion,  Governor  and  Vaptuin- General  (f  the  provhiie  tf  Louisiana. 

Thk  prosecutions  which  have  been  hail  in  consequence  of  the  insurrec- 
tion which  has  taivcn  place  in  this  colony,  having  fully  ilemonst rated  the 
part  ami  inlliienuo  wliicli  the  council  liave  taken  in  those  proceedings, 
coiiiitenancinir,  contrary  to  duty,  tlie  most  criminal  actions,  when  their 
wliole  cHie  should  have  been  directed  to  maintain  the  people  in  the  fideli- 
ty and  subordination  which  are  due  to  their  sovereign;  for  these  reasons, 
and  witii  a  view  to  prevent  evils  of  such  magnitude,  it  is  indi;  pensable  to 
abolish  the  said  council,  and  to  establish  in  tlieir  stead  that  form  of  politi- 
cal government  and  administration  of  justice  prescribed  by  our  wise  laws, 
and  by  which  all  the  stales  of  his  majesty  in  America  have  been  main- 
tainetl  in  the  most  perfect  trantpiillity,  content,  antl  subordination.  For 
these  causes,  in  pursuance  of  the  power  which  our  lord,  the  king  (whom 
God  preserve),  has  been  pleased  to  confide  to  us  by  his  patent,  issued  at 
Aranjuez,  the  16th  of  April,  of  the  present  year,  to  establish  in  the  military 
police,  and  in  the  administration  of  justice  and  of  his  luuuices  that  form  of 
government,  dependence,  and  subordination,  which  should  accord  with  the 
good  of  his  service  and  the  happiness  of  his  subjects  in  this  colony  :  We 
establish,  in  his  royal  name,  a  city  council  or  cabildo,  for  the  administra- 
tion of  justice  and  preservation  of  order  in  this  city,  with  the  number  of 
six  perpetual  regidors,  conformably  to  the  second  law,  title  10,  book  5,  of 
the  llecopdacion  de  las  Indias;  among  whom  shall  be  distributed  the 
oifices  of  alferes  royal,  alcade  mayor  provincial,  alguazil  mayor,  depositoiy 
general,  and  receiver  of  penas  de  camara,  or  lines  for  tire  use  of  the  royal 
treasury  ;  these  shall  elect,  on  the  first  day  of  every  year,  two  jiftlges,  who 
shall  be  styled  alcaldes  ordinary,  a  syndic  procurador  general,  and  a  man- 
ager of  the  rents  and  taxes  of  the  city  ;  such  as  the  laws  have  established 
for  good  government  and  the  faithful  ailministration  of  justice.  And  as 
the  want  of  advocates  in  this  couidry,  and  the  little  knowledge  which  his 
new  subject  possess  of  the  Spanish  laws,  might  render  a  strict  observance 
of  them  difiicult,  and  as  every  abuse  is  contrary  to  the  intentions  of  his 
majesty,  we  have  thought  it  useful,  and  even  necessary  to  form  an  abstract 
or  legulation  drawn  from  the  said  laws,  which  may  serve  for  instruction 
and  elementary  formulary  in  the  administration  of  justice  and  in  the 
economical  government  of  this  city,  until  a  more  general  knowledge  of 
Spanish  language  may  enable  every  one,  by  the  perusal  of  the  aforesaid 
laws,  to  extend  his  information  to  every  point  thereof.    In  conseipience 


AlU'ENDIX. 


255 


.LV, 

General  of 
!»(/  cummia- 
a. 

}  insurrcc- 
i)  rated  llie 

'hen  llieir 
llio  fideli- 
ie  reasons, 
onsablo  to 
fl  of  politi- 
vvisc  laws, 
oen  main- 
lion.     For 
iig  (whom 
,  issued  at 
o  military 
lat  form  of 
with  the 
ly:    We 
ministra- 
mnbor  of 
jook  5,  of 
juted  the 
epository 
the  royal 
ges,  who 
1  a  in  a  11- 
ablished 
And  as 
vhicli  his 
servance 
ins  of  his 
abstract 
itrnctioii 
in  the 
ledge  of 
I  foresaid 
eqnence 


whereof,  and  with  the  reserve  of  his  majesty's  ijood  pleasure,  wo  order  and 
coniniand  the  jusliees,  eabildo,  and  their  ollicers,  to  conform  punctually  to 
what  is  rcipiired  by  thu  following  articles : 

Section  I. 
Of  the  Cahiklo. 

1.  The  eabildo,  at  which  the  governor  shall  preside,  or,  in  his  absonre, 
the  ordinary  alcakle,  wlio  shall  have  the  lirst  voice,  shall  assemble  at  the 
city  hotel  on  the  first  day  of  every  year,  and  proceed  to  the  election  of 
ordinary  alcaldes  and  the  other  oilicers  above  mtnifioned;  it  shall  also  as- 
semble every  Friday,  tor  the  purpose;  of  deliberalinir  on  all  that  may  con- 
cern the  public  welfare.  The  syndic  procinator-ut'neral  shall  pntpuse;  in 
these  assemblies  what  rjiay  appear  to  him  for  the  welfan;  of  the  colony. 
One  or  two  reiiidors  shall  iinmeiliately  after  inform  the  y;()vernor,  if  he  has 
not  presided,  of  the  resolutions  that  have  been  taken;  and,  except  in 
pressing  cases  when  the  eabildo  for  very  important  reasons  may  assemble 
at  the  governor's  dwelling,  it  shall  not  assemble  in  any  other  place  than 
the  city  hottd ;  under  the  penalty,  to  the  ollicers  who  compose  it,  of  being 
deprived  of  their  employments. 

2.  In  urgent  cases,  which  cannot  be  deferred  until  the  usual  day  of 
meeting,  the  regidors  may  hold  an  extraordinary  sitting;  they  shall  be 
notified  to  that  efi'ect  by  one  of  llie  ijoor-keepers  of  the  eabildo;  and  if 
any  one  of  the  members  shall  not  have  been  notified,  the  resolulio'is  which 
may  have  been  taken  shall,  if  he  shall  challenge  the  same,  be  void ;  as 
also  in  case  the  majority  should  not  have  been  notified,  even  if  those  who 
have  not  been  notified  shall  not  object  thereto.  No  assembly  shall  ever 
be  held  but  by  order  of  the  governor,  and  the  assistants  shall  keep  a  pro- 
found silence  in  respect  to  the  subject  upon  which  the  assembly  may 
have  deliberated. 

3.  The  regidors  shall  have  an  active  voice  in  the  elections,  as  well  as 
the  alcaUles  of  the  preceding  year,  who  shall  remain  in  the  eabildo  until 
the  election  of  their  successors  shall  be  confirmed,  and  they  shall  have 
been  received.  The  alcalde,  however,  who,  in  the  absence  of  the  gover- 
nor, shall  exorcise  the  functions  of  president,  shall  not  have  an  active 
voice ;  and  so  soon  as  the  elections  shall  have  been  determined,  the  secre- 
tary of  the  eabildo  shall  give  information  thereof  to  the  governor,  who 
alone  may  tlecide  on  the  validity  of  the  opposition  made  by  any  member 
to  the  persons  elected  to  the  municipal  oliices,  and  confirm  the  alcakles 
and  other  otficers. 

4.  The  ofiice  of  alcalde  should  be  given  to  capable  persons  who  may 
have  the  inlbrniation  necessary  to  fill  worthily  a  charge  so  important. 
They  shall  have  a  house  m  tlie  city,  and  shall  resiile  therein.     Those  wJio 


^^ThTS-'M 


M    ! 


259 


ArPENDIX. 


aro  cmplojod  in  tho  militia  rrmy  he  nfirncil  to  tho«ip  otTicps;  and  thoy 
may  al>o  Iw  driven  to  tin;  rt'giiiors,  whoso  etnpluymfnts  may  not  be  incom- 
j)a(il)l<!  will)  those  places. 

5.  The  aUiahies,  and  the  other  elective  ofTicos  of  the  cahildo,  cnnnot  be 
continued  in  their  employments  hut  when  all  tiie  inoinberM  without  excep- 
tion shall  havt.';/iven  their  votes  for  thtnr  continuatioo.  Without  this  con- 
dition, they  cannot  be  re-elected  until  two  years  alter  they  shall  havo 
quitted  tho  dislin^'uishin;L,'  budye  of  their  ofJico. 

6.  Neither  the  ofhcers  of  the  finances,  those  who  arc  indebted  to  tho 
saiil  (inanees,  tlu;  sureties  of  either  the  one  or  the  other.  thos(>  who  havo 
not  attaineii  the  age  of  twenty-six  year.s,  nor  tho  new  converts  to  our  holy 
faith,  can  be  elected  to  tho  saiti  ofhces. 

7.  The  election  being  conlinned  by  the  governor,  the  door-keepers  shall 
deliver  tickets  from  the  escribano  to  the  elected,  notilyini.'  them  to  attend 
at  the  iuill  of  the  assembly,  in  order  to  take  the  oath  prescribed  by  law; 
tho  form  of  which  will  be  fouml  annexed  to  this  regulation,  and  to  bo  re- 
ceived and  put  in  possession  of  iheir  otrices. 

8.  The  escribanoof  the  government  will  keep  a  book  entitled  "Resolu- 
tions,'" in  which  he  shall  record  the  elections  and  decisions  of  the  assem- 
blies, ordinary  and  extraordir.ary  ;  and  which  shall  bo  signed  by  all  tho 
juilges  and  members  who  may  have  assisted  thereat. 

9.  The  regidors  cannot  give  their  votes  for  the  said  offices  in  favor  of 
their  father,  son,  brother,  step-father,  .son-in-law,  step-son,  or  step-brother, 
of  their  wives,  although  they  ma^  be  elected  by  all  those  who  shall  bo 
entitled  to  vote. 

10.  W  heiiever  the  cabildo  shall  deliberate  upon  an  affair  wliich  may  per- 
sonally regard  a  regidor,  or  other  ofTicer  of  the  cabildo,  or  even  any  one  of 
his  kindred,  or  for  other  particular  reasons  which  might  induce  a  sus- 
picion of  partiality,  he  shall  withdraw  immediately,  and  shall  not  return 
until  the  affair  shall  have  been  ilecided. 

11.  All  decrees,  royal  provisions,  and  dispatches,  which  maybe  ad- 
dressed to  the  corporation  either  by  the  governor  or  other  ainhori/ed  min- 
ister, shall  be  opened  in  the  cabildo  only,  where  they  shall  be  recorded, 
and  the  originals  preserved  in  the  archives  of  the  said  cabildo. 

12.  In  case  of  the  death  or  absence  of  one  of  the  ordinary  alcaldes,  the 
alferes  royal  shall  exercise  the  dudes  of  that  office  during  the  time  that 
they  may  be  wanting  to  complete  the  year  of  him  who  may  be  de- 
ceased or  absent:  ami,  if  two  alcaldes  should  be  wanting  at  tJie  same 
time,  the  other  place  shall  fall  of  rigid  to  the  senior  regidor,  provided  ho 
does  not  hold  in  the  cabildo  any  office  incompatible  with  that  employ- 
ment, as  is  specified  in  the  present  regulation,  under  the  heads  of  those 
several  offices. 

13.  Whenever  the  regidors  may  assist  in  a  body,  they  shall  preserve 
the  order  following,  as  also  in  the  cabildo,  viz:  the  aileres  royal  shall 


API'KXDIX. 


257 


anil  thoy 
u  incom- 

'nntidt.  be 
lit  cxc'op- 
tliis  con- 
lutl  liavu 

led  to  tho 
,ll()  luivo 
)  our  holy 

pors  shall 

to  attoiul 

I  by  law; 

I  to  bo  rc- 

"  Rcsolii- 
h(!  asstMU- 
by  all  the 

in  favor  of 

'p-brolher, 

shall  be 

may  pev- 
uy  one  of 

let!  a  sus- 
,ot  return 

[ly  be  ail- 

\\/rx\  min- 

rocorded; 

laldes,  the 
I  time  that 
ly  be   de- 
he  same 
)Vided  he 
employ- 
of  those 

preserve 
lyal  shall 


take  tho  lirst  phuM?;  tho  alcalde  mayor  provinrial  th«  noxt;  the  al^uazil 
mayor,  and  tiio  iithtM°  ri'^'idorii  uooordiiii;  to  llirir  rank  and  their  siMiiority< 

1-J.  Kacli  ri'tfidtii,  accdnlin:,'  to  his  rank',  and  liy  turns,  f-hall  In?  cliaiyiod 
with  till)  niaiiilfiiaiu'iMir  thf  ntiinicipal  uKhnaiiccs,  ami  titu  (jlhfi  dispo- 
sitions  of  L'ovi'iiiini'nt  Un  tlu'  public*  ^^'ood.  lie  nIuiII  attend  to  the  prices 
of  provisions,  oxaclin;?  (ho  lines,  anil  pullini,'  in  force  tho  penalties  incurred 
by  tho  di'liiuiiu'iils. 

l.».  Whenever  tlnno  shall  bo  the  cpiestion  of  aUi»montini;  tho  prico  of 
moat,  with  which  this  city  is  abundantly  and  constantly  supplied,  the  ea- 
bildo,  at,  a  public  buldinir.  shall  adjndije  (ho  cuiiliaot  to  him  wlio  shall 
oblige  himsfU  to  i'uniish  it  on  the  best  terms  and  lor  the  groatcsl  advan- 
tage ol  tho  piililic. 

16.  The  cabildo  shall  have  conni/ance  of  appeals  from  soiitonccs  pro- 
nounced cilliiM-  by  (lie  uovtMiior.  or  hy  (he  onliiiaiy  alcaldes,  where  the  sum 
docs  no'  exeeed  l»().00()  niaiavedis;  which  inikNt  be  understiujd  u.s  e.xtciiiL 
ing  only  to  causes  wholly  civil,  for  in  criminal  cases  tho  appeal  must  bo 
made  to  tho  superior  tribunal,  which  his  majesty  will  have  tho  {,'oodnes3 
to  appoint,  in  cdiiseinienco  of  my  icpreseatations  to  liim  on  that  subject. 

17.  To  leirulize  similar  appeals,  the  cabildo  shall  name  two  rei;idor3 
who.  ill  (inality  ef  (!ommissioners.  and  after  liaving  taken  the  oath,  shall 
decide  on  the  justice  or  injustice  of  (he  sentence  from  which  an  appeal  is 
made,  conjointly  with  tho  jndye  who  may  have  pronounced  the  same. 
The  nomination  shall  bo  made  so  soon  as  (he  calildo  shall  be  nnpiired 
thereto  by  the  appellant ;  the  tbrin  of  which,  and  ot  the  hislilutiou  of  the 
said  appeal,  will  he  detaileil  in  (heir  places. 

18.  In  (he  liist  oidimuy  assembly  which  may  be  Indd  after  that  for  tho 
elections  of  each  year,  the  cabildo  shall  name  (wo  re;.ndors  to  receivts  tho 
accounts  of  (he  mayor-domo  de  propriosof  the  preceding.'  yearof  the  sums 
which  he  may  have  received  for  a(;count  of  (he  city,  and  of  (he  e.vpt^ndi- 
tures  by  onlcr  of  the  cabiKlo  for  tlie  objects  to  which  those  sums  are  des- 
tined. They  shall  have  those  accounts  rendered  with  the  greatest  exact- 
itude, and  shall  oblige  the  said  inayoi-ilomo  to  deliver  np  immediately  to 
his  successor  the  residue  of  the  saitl  account;  the  said  rcgidois  being  re- 
sponsible for  the  total  thereof  when  the  said  accounts  shall  be  settled  by 
one  of  tlie  principal  o/Hcers  of  finance. 

19.  Although  the  application  ami  expenditure  of  the  proprios  for  the 
objects  to  whicii  they  are  destined  belongs  to  the  cabildo.  it  cannot.  (Jven 
in  extraonlinary  cases,  dispose  of  more  than  3,000  maravedis  (hereof;  and 
when  a  greater  expenditure  may  be  necessary,  the  consent  of  the  governor 
must  be  previously  obtained,  without  which  the  said  cabiKlo  cannot  assign 
either  salary  or  allowance  upon  any  occasion  whatsoever. 

20.  The  electors  in  the  two  jurisil.ctions  being  responsible  for  (he  injury 
and  detriment  which  the  public  may  sustain  by  tho  bad  conduct  and  in- 

17 


m^^ 


APPENDIX. 


capacity  of  the  elected  for  tlie  administration  of  justice  and  the  inan.ni^e- 
meiit  of  the  pulilic  interests,  should  have  for  their  only  objects  in  the  elec- 
tion of  onliiKuy  alcaldes  and  the  other  otficers  the  service  of  God,  the  kin^;, 
and  the  public  ;  and,  to  prevent  an  abuse  of  that  irreat  trust,  their  choice 
should  be  directed  to  those  persons  who  shall  appear  most  suitable  for 
those  ofii('(!s,  by  (ht;  proofs  they  iruiy  possess  of  their  affection  for  the  kingi 
their  disinterestedness,  and  their  zeal  lor  the  public  weltare. 

21.  The  cabildo  is  hereby  informed  that  it  should  exact  from  the  gover- 
nors, previous  to  their  takinj,'  possession,  a  good  and  sufficient  surety,  and  a 
full  assurance  that  they  will  submit  to  the  necessary  in(|uiries  and  exam- 
inations durinj:  the  time  they  may  exercise  their  employments;  and  that 
they  will  pay  what  may  be  adjudged  and  determined  in  that  respect. 
This  article  merits  the  most  serious  attention  of  the  cabildo,  who  is  re- 
sponsible for  the  consequences  which  may  result  from  an  omission  or 
neglect  of  exacting  those  securities  from  the  governor. 

22.  The  otlices  of  regidor  and  escribano  of  the  cabiKlo  may  be  sold  ; 
those  olhcers  shall  also  be  allowed  to  assign  them  in  the  manner  prescribed 
by  the  laws  of  this  kingdom.  In  acknowledgment  of  this  favor,  and  in 
consideration  of  the  value  that  these  otlices  will  acquire  by  the  facility  of 
assigning  ■  em,  by  which  they  will  be  effectively  transferred  from  one 
person  to  another,  there  shall  be  paid  into  the  royal  treasury,  for  the  first 
assignment,  one  half  the  sum  at  which  the  said  offices  may  be  rated,  and 
one-third  of  the  same  for  every  subsequent  assignment  thereof,  exclusive 
of  the  royal  custom  of  half  annats,  (receivable  -without  any  deduction  in 
Spain ;  which  custom  shall  also  be  paid  by  the  ortlinary  alcaldes  who  may 
be  yearly  elected  to  those  offices. 

To  render  these  assignments  valid,  the  assignor  should  survive  the  same 
the  term  of  twenty  days,  computing  from  the  date  therei:'":  and  the  as- 
signee should  present  himself  to  the  governor  within  seventy  days  from 
the  date  of  the  same,  provided  with  an  authentic  act  substantiating  the 
said  assignment,  as  likewise  the  above  mentioned  twenty  days  that  the 
assignor  sh.iU  have  survived  the  same.  Should  neither  of  these  precau- 
tions be  taken,  the  assignor  shall  forfeit  the  said  ofiice,  which  shall  be 
deemed  vacant  to  the  profit  of  the  king's  demesne;  and  neither  he  nor 
his  heirs  can  lay  claim  to  any  portion  of  the  price  at  wliich  the  same  may 
have  been  sold. 

25.  The  said  assignments  shall  not  be  valid,  unless  made  in  favor  of 
persons  known  to  be  capable,  of  the  age  of  twenty-six  years,  and  posses- 
sing the  capacity  and  talents  necessary  to  the  common  good  of  the  re- 
public, aiul  worthy  of  the  cabililo,  on  account  of  the  injiny  which  would 
result  theiefroin  shuuld  those  ollicers  be  deficient  in  these  qualifications. 
The  said  assignments  shall  be  carefully  executed  and  preserved  by  a  pub- 
lic notary  of  the  place  at  which  they  may  be  made. 


APPENDIX. 


259 


Section  II. 


:!tion  in 
10  may 

le  same 

the  as- 

lys  from 

iiig  the 

that  the 

irccau- 

hall  be 

ir  he  nor 

ime  may 

favor  of 
posses- 
the  ro- 
ll would 
ications. 
y  a  pub- 


O/thc  Ordinary  Alcaldes. 

1.  Tho  ordinary  alcaldes  sliall  have  roirnizance  of  all  matters  in  dispute, 
either  civil  or  oriniiiial,  belwe  ii  iiihibitMuts  resi(Hiiir  witliin  their  jurisdic- 
tion, whj  h  shall  extend  flnoiii.'h(mt  the  cily  and  the  dependencies  there- 
of, exceptinir  those  which  may  comi-  wilhin  the  cognizance  of  the  ecele- 
siaslical,  military,  or  other  special  ourt. 

2.  The  ordinary  alcaldes  cannot  interfere  in  affairs  of  rrovcrnment,  which 
come  exclusively  withm  the  juiisiliclion  and  competency  of  the  governor. 

3.  In  all  matters  on  whioii  llie  cabildo  may  ikdiberafe.  the  onlinary 
alcaldes,  >vho  may  assist  thereat,  shall,  iluring  their  year  of  office,  have  an 
equal  vote  with  the  retridor-;. 

4.  The  alcaldes  shall  appear  in  public  with  decency  and  modesty,  bear- 
ing the?  wan  I  of  royal  jusiice — a  ba  iije  providotl  by  law  to  distinguish  the 
judges.  When  administering  justice  they  shall  hear  mildly  those  who 
may  present  themselves,  anil  shall  fix  the  hour  and  the  place;  of  ihe  audi- 
ence, which  should  be  at  lOo'cIock  in  the  mnrnin<r,  at  the  city  hotel;  ami 
for  the  decision  of  verbal  causes,  in  the  evening  between  7  and  8  o'clock, 
at  their  own  dwellings,  and  in  none  other. 

5.  One  of  tiie  piincipal  objticts  of  justice  being  to  prevent,  .ofTectually, 
those  disorders  which  take  piace  during  the  niixht,  one  of  the  alcakles,  as- 
sisted by  his  alguazils  and  the  escribano,  should  <ro  (he  roundsof  the  city; 
and,  in  case  a  greater  foice  should  be  necessary,  they  may  not  only  de- 
mand it  from  those  persons  who  may  be  present,  but  also  from  the  corps- 
de-garde  nearest  thereto. 

6.  It  is  also  the  duly  of  the  ordinary  alcaldes  to  keep  a  watchful  eye 
upon  foruification,  and  to  punisii  the  same,  and  ail  other  public  offences, 
conformably  to  the  laws;  of  which  a  snthcieut  detail  will  be  given  herein. 

7.  The  alcaldes  may  hear  ami  decide  verbally  in  civil  cases,  when  the 
demand  shall  not  exceed  twenty  dollars,  as  also  in  criminal  causes  of  little 
importance.  They  may  also  hear  and  decide  verbally  those  which  may 
e.vceed  that  sum,  in  case  the  parties  interested  shall  consent  thereto. 

8.  Causes  legally  brought  before  one  of  the  judges  shall  be  continued 
and  determined  in  his  tribunal,  and  neither  the  governor  nor  any  other 
shall  deprive  him  of  the  cognizance  thereof.  The  governor,  however, 
being  reiiuired  tiiereto  by  the  parties,  nay,  by  an  order  in  writing,  and 
suitable  to  the  case,  reijuire  and  summon  the  alcalde  to  render  speedy 
justice,  conformably  to  law. 

9.  In  cases  of  controversy,  with  respect  to  jurisdiction,  between  the 
governor  and  one  of  the  alcaldes,  or  between  the.se  last,  where  one  of  them 
may  claim  the  cognizance  of  a  cau-^e  instituted  with  the  othcir,  either  by 
reason  of  the  said  cause  having  been  also  instituted  in  his  tribunal,  or  his 


APPENDIX. 

supposing  the  same  exclusively  within  his  jniisiliction,  they  shall  araw 
up  a  proccs-verbal  of  tlio  said  coiilrovfrsy.  iu  wliioh  they  shall  set  forth 
tiieir  pi'uteiisioiis  in  a  iriave  ami  jiuliciaiy  style.  Thu  casi;  siiall  roinaia 
in  suspense  until  the  decision  of  the  superior,  whom  they  shall  be  bound 
to  consult,  and  to  whom  they  shall  deliver  an  exact  copy  of  the  proceed- 
ing's, uidess  one  of  the  judges  may  give  way  to  the  chu.i  of  the  other,  and 
thereby  put  an  end  to  the  said  controversy.  If,  howeve  ,  in  the  interval 
of  the  decision,  one  of  the  judges  should  proceed  in,  or  ,ake  the  last  cog- 
nizance of,  the  aforesaid  cause,  he  sliall  forfeit  his  claim  to  the  same, 
which  shall  be  immediately  vested  in  the  other. 

10.  If  oneof  the  parties  pleading  shall  except  against  the  alcalde  who 
may  have  already  taken  cognizauce  of  a  cause,  he  shall  not  continue  the 
same  but  in  conjunction  wiih  the  other;  and,  if  this  last  should  also  be 
excepted  against,  he  sluiU  associate  himself  with  a  regidor,  who  shall 
take  an  oath  to  do  his  duty  impartially,  and  to  terminate  the  cause 
according  to  law,  and  as  speedily  as  possible.  Whatever  may  be  done 
by  the  alcalde  alone,  after  he  may  have  been  excepted  against,  shall  be 
Void,  and  have  no  ellect.  The  oath  taken  by  the  party  to  the  written  act, 
of  exception,  that  he  is  mistrustful  of  the  alcalde,  shall  be  sufficient  to 
render  the  same  valid;  but,  if  the  party  shall  purpose  to  exclude  him 
entirely  from  the  cause,  besides  the  aforesaid  oath,  he  shall  make  known 
and  substantiate  the  ground  on  which  he  relies  for  the  support  of  his  pre- 
tensions. If  the  judge  should  be  related,  even  in  the  fourth  degree,  to 
the  adverse  party,  or  in  such  habits  of  friendship  with  him  as  to  excite  a 
suspicion  of  partiality,  or  prepossessed  against  the  exceptor,  in  all  these 
cases  he  shall  be  excluded  from  11. e  hearing  of  the  cause  in  controversy, 
which  shall  be  committed  to  the  other  alcalde. 

11.  Two  referees  appointed,  one  by  the  alcalde,  and  the  other  by  the 
exceptor,  after  being  sworn  to  execute  their  office  impartially,  shall  deter- 
mine whether  the  case  be  of  the  nature  before  mentioned;  and,  if  of  the 
said  nature,  they  shall  exact  the  entire  exclusion  of  the  alcalde  therefrom; 
ami,  if  a  dill'ereuce  should  arise  between  the  referees,  a  third,  named  by 
the  judge,  shall  decide  therein;  which  decision  shall  be  indispensably 
biniling. 

12.  The  diversity  of  cases  not  permitting  a  special  detail  of  the  forms  of 
proceeding  therein,  the  alcaldes  shall  be  guided  by  the  formulary  hereunto 
annexed;  and  shall  consult  with  the  counselor,  to  be  appointed  for  that 
purpose,  upon  all  doubtful  cases  winch  may  occur  in  their  practice,  or 
which  may  not  be  provided  for  i)y  the  said  formulary;  and  shall  approach, 
as  nearly  as  possible,  to  the  spirit  of  our  laws  for  the  ailministration  of 
justice. 

13.  The  ordinary  alcaldes,  accompanied  by  the  alguazil  mayor,  and 
the  escribano,  shall,  every  Friday,  make  the  visitation  of  the  prison.  They 
shall  e.vamiue  the  prisoners,  the  causes  of  their  dotontion,  and  the  time 


li 


APrENDIX. 


261 


of  their  imprisonment.  They  shall  release  the  poor  who  may  bo  dHained 
for  their  expenses,  or  for  small  delils;  and  the  jailer  shall  not  exact  from 
them  any  release  fee.  The  alealdes  may  not  set  at  libeily  any  of  the 
prisoners  detained  by  order  of  the  pnxnnor,  or  of  any  other  judire,  without 
their  express  consent. 

14.  They  cannot  release  those  wiio  are  imprisoned  for  debts  due  to  (ho 
domain  ;  nor  for  fines  imposeil  by  law,  unless  the  sum  due  shall  be  previ- 
ously deposited. 

15.  The  i^ovornor,  with  the  alcaldes,  the  alirnazil  mayor,  and  the  escri- 
bano,  shall,  yearly,  on  the  eves  of  Christmas,  Easter,  and  Pentecost,  mako 
a  general  visitation  of  (he  prisons,  in  the  manner  prescribed  by  the  laws 
of  (he  Indies.  They  shall  release  (hos(!  who  have;  bi.'cn  arrested  for 
criminal  causes  of  little  importance,  or  for  debts,  when  (he  (leb(ors  are 
knnv/n  to  be  insolvent ;  anil  shall  allow  them  a  sullicient  term  for  the  pay- 
ment of  their  cretlitors. 


Section  III. 


Of  the  Alcalde  Mayor  Provincial, 


1.  The  re^idor  alcalde  mayor  provincial  shall  boar  the  rod  of  justice,  and 
shall  have  cognizance  of  crimes  conmiilted  in  the  inhabited  places  with- 
out (he  cities  and  villages.  Thefts,  robberies,  carrying  away  of  property 
by  force,  rapes,  as  also  treason,  assaults,  accompanied  by  wounds,  or  fol- 
lowed by  death,  setting  fire  to  or  burning  down  houses  or  crops,  and  other 
crimes  of  this  nature,  shall  be  within  the  competency  of  the  said  alcalde 
mayor  provincial. 

2.  He  may  also  take  cognizance  of  the  aforesaid  crimes,  althouirh  com. 
mi((od  in  cities,  when  (he  olTenders  have  (piitted  the  same,  and  have  with- 
drawn to  the  country  wi(h  (heir  plunder;  as  also  of  murders  or  assauUs 
committed  on  olFicers  while  m  the  exercise  of  (heir  duties,  or  in  (he  inter- 
val thereoi'  if  the  same  are  the  eifect  of  malice.  If,  however,  the  irover- 
nor.  or  one  of  (lie  ordinary  judges  of  the  city,  shall  have  previously  taken 
cognizance  tli  eof,  the  alcalde  mayor  provincial  shall  not  interfere  there- 
in, by  reason  that  the  jurisdiction  of  the  same  is  vested  in  (he  ordinary 
alcaldi.'.  The  jutlge,  iiowever,  who  shall  have  apprehended  the  otfender, 
shall  have  the  preference  therein,  even  if  the  others  should  have  preceded 
him. 

3.  Whenever  it  shall  be  known  (hat  (he  crime  does  not  concern  (he 
tribunal  of  the  Saint  Hermaiulad,  (he  alcalde  mayor  provincial  shall  refer 
the  cognizance  of  (he  same  to  one  of  the  onlinaiy  alcaldes,  without  wait- 
ing until  he  ri.ay  be  required  thereto. 

4.  The  alcalde  mayor  provincial  shall  see  that  travelers  are  furnished 


lu 


^^y 


262 


APPENDIX. 


I  I' 


•     i 


■with  provisions  at.  reasonable  prices,  as  well  by  the  proprietors  of  planta- 
tions as  I)}'  the  inhabitants  of  the  places  tluongli  which  they  may  pass. 

5.  The  principal  object  of  the  institution  of  the  tribunal  of  the  Saint 
Hermanchul  beiny  to  repress  ilisonlers,  ami  to  prevent  the  robberies  and 
assassinations  committed  in  unfre(]uenteil  places  by  va^'abonds  and  delin- 
quents, who  conceal  themselves  in  the  woods,  and  attack  tiavelers  and 
the  adjacent  inliabitants,  the  alcalde  mayor  provincial  should  assemble  a 
sntncienl  number  of  the  commissaries  or  brothers  of  the  St.  ll(;rmandad 
to  clear  his  jurisdiction  of  those  kinds  ot  people,  by  pursuing  diem  with 
spirit,  sei/inif  or  puttini,'  them  to  lli^ht. 

6.  For  ihe  purpose  aforesaid,  and  conformably  to  theusairo  of  the  other 
Indian  provinces  within  the  domain  of  his  majesty,  the  alcaldes  mayores 
provinciale.';,  their  commissaries,  and  the  brothers  of  the  St.  Hermaiulad, 
shall  have  the  right  of  arresting,  either  within  or  without  the  city,  all  run- 
awiay  negroes  and  fugitives,  and  may  exact  a  reasonable  fee  therefor ; 
wliich  right  shall  not  be  vested  in  any  other  person  save  the  master  of  the 
fugitive  slave. 

The  said  fee  is  so  much  the  more  just,  inasmuch  as  the  alcalde  mayor 
provincial,  to  comply  with  liis  duty,  must,  at  his  own  expense,  travel 
through  the  unfrequented  places,  for  the  benefit  of  the  inhabitants. 

7.  The  said  othcer  shall  remler  speedy  justice  in  all  matters  within  his 
competency,  and  from  his  judgment  there  shall  be  no  appeal;  otherwise 
it  would  be  impossible  to  remedy  the  consequences  that  would  result  there- 
from. But.  on  the  other  hand,  his  judgments  shall  be  pronounced  in  strict 
conformity  with  the  spirit  of  the  laws,  to  which  end  he  .shall  consult  some 
lawyer;  but,  in  the  interim,  he  shall  be  guiiled  by  the  instructions  herein 
contained,  which,  relate  to  the  aumiaistration  of  justice  and  the  forms  of 
proceedinir. 

8.  Thi.s  ofiice  of  the  Hermandad  being  created  with  a  view  to  prevent 
those  disorders  which  may  be  committed  in  unfrequented  places,  the 
alcalde  mayor  shouKl  make  frecjuent  excursions  from  the  city.  This  duty 
consequently  renders  his  employment  incompatible  with  that  of  ordinary 
alcalde,  to  which  he  cannot  be  elected,  unless  he  shall  liave  previously 
obtained  permission  of  the  king,  to  commit  a  lieutenant,  appointed  by  him- 
self, the  duti'     of  the  St.  Hermandad. 

9.  The  said  ullicer,  and  his  li(!utenants,  should  take  an  oath,  of  the  form 
annexed  to  this  abridgment;  he  shall  account  to  the  governor  for  the  ap- 
pointments  he  may  have  made,  and  shall  notify  him  of  the  judgments  he 
may  have  pronounced,  to  the  end  that  the  same  may  be  put  into  execra- 
tion. Allhuugh  this  formality  is  not  prescribed  by  any  law,  yet  it  is 
necessary  for  the  purpose  of  preserving  harmony  anil  subordination,  and 
for  the  purpose  of  procuring  assistance. 

10.  In  all  controversies,  with  respect  to  jurisdic  b.n,  which  may  occur 
between  liie  tribunal  of  the  St.  Herraaudad  and  any  other  tribunal  of  tiie 


APPENDIX. 


263 


province,  tlie  parties  sliiill  conform  punctually  to  the  instriu-i ions  which 
have  been  siveu  in  (lie  paiticular  aitidi;,  which  rehiti's  to  tlic  (inliiKiry 
alcaldes!.  The  iustiuction*!  which  have  bi't'ii  ^nveii  in  rohition  to  cvccp- 
lions  airainst  juiliri'-;,  shotiKl  also  be  strictly  t'oUowcil  as  no  altercation 
should  take  place  ou  that  subject  between  these  oUicers. 

Section  IV. 


mayor 
,  travel 


' 


Of  the  Alijurtzil  Matjnr. 

1.  The  alji"a/il  mayor  is  an  officer  charsed  with  the  execution  of 
sentences  and  judjrnieiits  rendered,  as  well  for  payments  ordeied,  taking 
possession  of  ^roods  for  sale,  and  imprisonments,  as  for  {\\c  punishment  of 
crimes.  He  cannot  be  elected  ordinary  .dcalde.  unless  he  shall  have  ap- 
pointed a  lieutenant  to  discharge  his  duties,  in  the  manner  prescribed  to 
ihe  alcalde  mayor  provincial. 

2.  Recovery  of  moneys  upon  writs  of  execution,  orders  for  taking  pos- 
session of  iroods,  ;ind  seizures  of  real  property,  shall  be  car(.'tully  executed 
by  the  aLnni/il  mayor,  he  tak''\g  the  fees  allowed  by  law,  uml  lixed  by 
the  tariff  included  in  the  present  resulation. 

3.  The  aliruazil  mayor  shall  also  have  the  superintendence  of  the 
prisons,  shall  commission  the  jailers  and  keepers  of  prisons,  after  having 
presented  them  to  the  governor,  that  he  may  judge  of  their  capacity  for 
those  offices,  under  the  penalty  of  beingdeprived,  for  :ie  year,  ot  the  right 
of  nominating'  the  same  :  which  riuht  shall,  tor  that  term,  be  vested  in  the 
governor.  All  the  jail  lees  which  the  prisoners  ini'y  pay.  shall  be  for  the 
use  of  the  alizuazil  mayor. 

4.  The  said  ofiicer  cannot  appoint,  as  lieutenants  any  persons  but  such 
as  are  known  to  be  suitable  for  those  employments,  who  are  youuir.  ami  ilo 
not  exercise  any  mechanical  profession;  they  shall  be  presented  to  the 
governor,  and  approved  by  him,  and  shall  take  the  oath  re(]uired.  The 
alguazil  mayor  cannot  appoint,  to  tlie  saiil  ollice  either  thi.'  rclalious  or 
domestics  of  the  judL'es  and  oiliceis,  but  he  shall  be  allowed  to  change  the 
said  lieutenants,  when  he  may  have  just  reasons  thiref.'r. 

5.  The  aliruazil  mayor  and  his  lieutenants  shall  go  the  rounds,  and  shall 
visit  the  public  places,  both  by  night  aiid  day,  to  prevent  noises  and  dis- 
putes, under  the  penalty  of  binng  snspemled  from  their  oflicc^s,  anti  pay- 
ment of  tlie  damages  that  may  resull  from  their  ueixliireiiee  'J'hey  shall 
arrest,  without  other  authority,  the  oli'enders,  and  shall  iiive  iminediato 
infornialion  thereof  to  the  alcaldes.  They  shall  not  tolerate  unlawful 
games,  nor  public  and  seaiulalous  oli'ences.  They  are  also  hereby  inform- 
ed that,  although  they  have  the  power  of  arresfinu;  any  one  without  other 
authority,  they  may  not  release  the  same,  under  the  penalty  ol  being  de- 
prived of  their  otiices,  and  being  declared  incapable  of  hoKling  any  other. 


264 


Al'PENDIX. 


6.  Tho  alirim/il  mayor  shall  conform  strictly  to  the  articles  which  relate 
to  till!  piisdns,  and  Id  the  larill'  which  specifies  the  Ices  which  arc  dctnaiul- 
ablc.  He  shall  also  assist  with  thejiidijcs  ordinary  at  tlic  visitations  of 
the  prisoners,  which  shall  be  maclo  at  the  times  prescribed  by  this  regu- 
lation. 

Section  V. 

Of  the  Depository  General. 

Thn  depository  rroneral,  whose  duties  are  incompatible  with  those  of  a 
judi^o,  cannot  be  elected  ordinary  alcalde,  n.iless  he  may  name  a  lieuten- 
ant, who  may  he  char^'cd  with  the  care  of  the  deposites. 

2.  Before  enterinir  npoii  the  said  office,  the  depositaiy  L^'ncral  shall  pive 
good  and  sufiicient  su:'eties,  who  shall  answer  for  the  safely  of  the  depo- 
sites, and  who  shall  be  approved  by  the  governor,  the  alcaldes,  and  the 
cabildo.  This  surety  shall  be  recorded  in  tlie  book  to  be  kept  by  the 
escribano  of  the  cabildo,  for  the  reconlinij:  of  the  deposites  ;  in  which  he 
shall  inscribe  the  day,  month,  and  year,  of  the  said  sun  ty. 

3.  The  poveriior.  the  alcaldes,  and  the  cabildo,  shall  carefully  e.xamine 
the  books.  whi(di  exhiliit  the  sureties  of  the  depositary  jreneral,  tlie  stale 
of  his  property,  and  that  of  the  said  sureties,  which  shall  be  certified  by 
the  escribano  of  th(^  cabildo.  in  order  that  the  same  may  be  verified  the 
succeedin^r  year,  and  the  necessary  order  taken  thereon. 

4.  If,  by  the  said  examination,  it  shall  be  found  that  the  situation  of  the 
depositary  iieneral,  or  of  his  sureties,  be  such  as  to  excite  apprehension, 
they  shall  pa^vent  liim  fr(.m  exereisins:  the  duties  of  his  oflice,  until  he 
shall  have  rendered  his  accounts,  ;ind  pivcn  a  better  secnrity. 

5.  The  depositary  ptjireral  shall  deliver  on  the  first  order  the  sums  which 
may  have  t)een  deposited  with  him,  in  llio  same  coin  in  which  he  received 
them-  to  which  the  judges,  and  other  officers  competent  thereto,  should 
pay  particular  attention. 

6.  The  depositary  y;eneral  shall  record  the  deposites  in  a  book  similar  to 
that  of  the  escribano  of  llie  cabildo:  he  shall  receive  for  the  same,  and  for 
deposite  fees,  three  per  cent.,  as  explai.'ed  in  the  commission  which  he 
has  received  lor  the  exercise  of  his  othco. 

Section  VI. 

Of  the  Receiver  of  Fines, 

1.  The  receiver  of  fines  (wliose  duties  are  inoompatiblo  with  those  of 
ordinary  alcaldes)  shall  have  cooiii/ance  of  all  mailers  in  relation  thereto, 
as  also  of  those  imposed  bythejudiie;  of  which  la~t  lie  , "shall  keep  and 
render  an  account,  having  lor  that  j  aipose  a  book  similar  tu  that  kept  by 


APPENDIX. 


265 


the  escribanofor  the  same  object ;  in  which  thoy  shall  bo  entered  accord- 
ing  to  dale. 

2.  For  the  safety  of  the  lialrineo  of  the  aeromit  rendcreil  by  the  re- 
ceiver of  fines,  he  shiiU  jrive  irood  and  sullicie  it  siiretio'^.  in  llie  same 
manner  as  the  depositary  jieneral.  Examination  shall  be  yearly  made 
into  the  situation  of  the  said  sureties,  which  shall  be  changed  if  they  be- 
come less  substantial. 

3.  To  the  end  that  the  receiver  may  fnily  discharire  the  duties  of  his 
ofTiee,  and  a  certain  knoweldire  be  aetinired  of  the  funds  in  iiis  possession, 
the  escribaiio,  in  whose  presence  the  lines  shall  iiave  been  paid,  shall  ad- 
vise the  eseribano  of  the  cabildo  of  tlie  same,  who  shall  enter  them  in  a 
book,  the  leaves  of  wliich  shall  be  marked  by  tlie  ETovernor.  After  wliieh, 
the  eseribano  of  t lie  calbiKlo  shall  inform  thfl  receiver  thereof  who.  by 
these  means,  will  at  once  perceive  Die  amount  of  the  sums  which  ho 
ouf,dit  to  receive;  and  tlie  book  of  the  cabililo  will  s(!rve  to  make  iiim 
render  an  account  of  the  sums  which  are  entereil  therein. 

4.  The  receiver  of  fines  cannot  employ  the  proceeds  thereof  without  the 
order  or  permission  of  his  majesty,  by  reason  that  the  samt*  beinir  the  pro- 
perty of  Iiis  majesty  cannot  be  removed  without  his  approbation.  Ho 
shall  dispose  of  that  portion  of  them  only  which  have  been  imposed  by  the 
judges  in  conformity  to  the  orders  he  may  receive,  and  not  otherwise. 

5.  The  receiver  shall  disohariie.  out  of  the  aforesaid  portion  of  lines,  the 
drafts  wliicii  may  be  drawn  by  the  governor,  the  alcaldes,  and  the  otli(!r 
judges,  who  shall  restrain  themselves  to  the  sums  which  may  be  neces- 
sary. 

6.  The  said  receiver  shall  ron<ler  a  yearly  account  o)  tlie  sams  he  may 
have  received  and  paid  in  the  execution  of  his  otiice.  His  .-icconnt  shall 
be  settled  by  the  odicers  of  finance  appointed  thereto  in  this  [irovincc. 

7.  Ho  shall  be  allowed  a  commission  of  ten  per  cent,  on  all  sumi 
wliich  may  be  recovered  and  received  by  himself,  or  by  those  commis- 
sioned by  him,  for  the  recovery  thereof. 


lose  of 

u'reto, 

ep  and 

■i)t  by 


Sr.cTioN  Vn. 
(>/  O'e  Prorurntor  General. 

1.  The  procurator  ire'ieralof  tli(>  repn]j]ic  is  an  officer  appointed  to  assist 
the  public  in  all  their  conetMiis,  to  defend  ttiem.  ])ursue  their  lii^hls  and 
obtain  justice,  and  to  pursue  all  other  claims  which  have  relation  to  tlio 
public  interest. 

2.  In  consequence  tluMoof.  the  procurator  ireneral.  who  is  appointed 
solely  for  tlu;  public  good,  shall  see  that  the  municipal  (uilii)ances  are 
strictly  observed,  and  shall  endeavor  to  prevent  every  matter  or  thing  by 
which  the  said  public  might  suifer. 


SBBM 


'  "*~"'  iiiirMfiiii  mil 


266 


APPENDIX. 


3.  For  llios'o  purposes  he  shall  apply  to  the  tribunals  competent  thereto, 
for  the  recovery  otdehts  and  ruveini(;s  due  t(.i  the  eily  funds,  in  (iiiaiily  of 
attorney  for  the  city.  He  sliall  pursue  causes  willi  the  aclivity  and  dili- 
gence lujcessary  to  (lischar;,'e  hinj  iVom  the  responsibility  in  which  ho 
would  be  placed  by  the  slii,'litest  omission. 

4.  He  sliall  sec  that  the  otiicers  of  the  council  or  cabildo  discharge 
strictly  the  duties  ol'lheir  ollices;  that  the  depositary  general,  the  receiver 
of  fines,  and  all  those  who  are  to  yive  sureties,  shall  ;.'ive  such  as  are  good 
and  sutiicient ;  and  in  case  of  deterioration  thereof,  he  shall  demand  the 
renewal,  confoirnably  to  law. 

5.  He  shall  be  preseni  ;;t,  and  shall  interpose  in,  the  direction  of  lands' 
and  other  public  matters,  to  the  end  tliat  nothing  unsuitable  or  injurious 
may  occur  in  the  ilistribution  of  the  same. 


Section  VHI. 

Of  the  Mayor-domo  de  Prnprios, 

1.  The  mayor-domo  de  proprios  shall  have  the  management  of,  and  shall 
receive  aU  that  is  comprised  within  the  ticnominatinn  of  city  tuiuls;  lie 
shall  give  receipts  to  debtor.s.  and  sliall  record  all  sums  which  he  may  re- 
ceive, as  ahso  the  expenditures  he  may  make  for  account  of  the  cabildo, 
in  o'der  that  he  may  be  able  to  render  his  accounts  so  soon  as  his  year  of 
otiic  e  shall  expire. 

2.  He  shall  discharge  the  drafts  of  the  cabildo  upon  the  rents  'of  the 
city,  and  none  other.  He  shall  abstain  from  furnishing  or  lending  any 
sums  to  any  iiidiviiluals  whatever,  under  the  penalty  ot  being  responsible 
therefor,  and  of  being  declared  incapable  of  holding  any  office  in  the 
colony. 

3.  The  construction  and  keeping  in  repair  of  bridges,  within  and  with- 
out the  city,  shall  not  be  defrayed  out  of  the  city  funds  ;  this  expense  shall 
be  borne  by  those  who  shall  enjoy  the  beuelit  thereof,  amongst  whom  the 
same  shall  be  proportioned  in  the  maimer  point eil  out  by  law. 

4.  Whenever  any  public  work  shall  be  undertaken,  either  l)y  the  cabil- 
do or  by  individuals,  care  shall  betaken  that  the  same  be  substantial  and 
durable.  A  legulor  shall  be  named  for  that  purpose,  who,  without  any 
requital,  shall  inspect  the  said  undertaking.  i 

5.  The  e\p(>ns(3  of  public  mDurning  for  the  royal  family  shall  be  defray- 
ed from  the  oily  funds,  with  all  the  economy  which  the  cabildo  can  adapt 
to  these  circumstances. 

Skction  IX. 

0/  the  Escrihano  of  the  Cnhildo. 

1.  This  nmc(M-  shall  preserve  in  his  archives  all  the  papers  which  may 
concern  the  cabildo,  or  its  proceedings.    lie  -.hall  inscribe  in  a  book  all  the 


;!ft 


%U 


APPENDIX. 


207 


id  the 


seeuritios  and  depo^ifes  which  liavo  relation  to  tht'  depositary  iriNioral  ; 
and.  la  anotht?r  book,  lliost;  svhioli  relate  to  the  receiver ol  liiie>.  lie  shall, 
also,  keep  a  third  book  tor  i.niardiaiis  and  their  sureties,  ordinary  and  ex* 
traordniary,  iu  winch  he  .sliall  alscj  record  the?  patents  and  cnniniissioiis 
granted  by  his  majesty,  and  shall  take  care  to  presu'rvo  th  j  originals  in  tho 
archives  of  the  caliiMo. 

2.  The  escril)ano  of  tlie  cabildo  shall  never  sidfer  any  papor  or  ad  to  bo 
removed  from  his  archives;  and  if  the  jniiires  should  be  obliged  to  havo 
recourse  to  the  same,  lie  shall  furnish  them  a  correct  copy  thereof,  but 
sliall  never  part  with  the  oriiiinal. 

3.  The  said  escribano  of  the  cal)iIdo,  and  of  the  ijovernnient.  sh;il!  note 
at  the  foot  of  all  acts  and  instruments  of  writinur,  ami  cojiies  of  the  same 
which  he  may  deliver,  thu  lees  which  he  has  receiver!  theretor,  under  the 
penalty  of  forfeitinir  the  same,  and  of  iiicnrrini,'  the  other  penaltie-i  estab- 
lished, to  prevent  him  fr.jm  evactin','  m.)r.j  than  is  allowei  liy  the  (arid'. 

4.  The  escribano  of  the  cal>ildo  and  of  the  government  shall  in- 
scribe, in  a  separate  book,  the  morti^a'^es  upon  all  contia(;ts  which  may 
be  made  bctbre  him  or  any  other ;  he  shall  certify,  at  the  foot  of  each  ileed, 

the  char:,'e  of  miit^ra'^'e  under  which  the  sale  or  the  obligation  may  havo 
been  made,  conforinibly  to  the  intention  of  the  law,  in  order  to  prevent 
the  abuse  ami  frauds  which  usually  result  therefrom. 

5.  The  reifidors,  the  escribano,  an  1  all  those  who  may  succeed  to  any 
of  the  venal  ofHces  established  by  the  laws  of  the  Indie;,  are  hereby  in- 
formed that  the  royal  ordinances  reiinire,  th.at  within  the  term  of  live 
years,  computing  from  the  d^'.'e  of  their  commission,  they  must  obtain  his 
majesty's  conlirmation,  -.nd  present  the  same  to  the  ijovernor  of  the  city 
or  province  in  which  they  reside,  uiuler  the  penalty  of  being  deprived  of 
the  said  olfices. 


Skction  X. 


0/the  Jailer  and  the  Prisons. 

1.  The  jailer  shall  be  appointed  by  the  aliruazil  mayor,  and  approved 
by  the  governor,  before  entering  on  the  duties  of  his  ollice.  He  shall  also 
be  presented  to  the  cabildo  to  be  received,  and  to  take  an  oath  to  discharge 
faithfully  the  duties  of  the  said  oflice,  to  guard  the  prisoners,  and  to  observe 
the  laws  and  ordinances  established  in  this  respect,  under  the  penalties 
therein  declared. 

2.  The  saiil  jailer  must  not  enter  upon  the  duties  of  the  said  oliice,  until 
he  .shall  have  given  good  and  sutTicient  sureties  in  the  sum  of  two  hundred 
dollars,  which  sureties  shall  warrant  that  no  prisoner  detained  lor  debt 
shall  be  releaseil  without  an  ordi^r  from  the  judj^e  competent  ther(.>to. 

3.  The  jailer  sliall  keep  a  book  in  which  he  shall  inscribe  the  names  of 


;,ti,, 


!:■ 


263 


APPENDIX. 


all  tliD  prisoners,  that  offhft  jirlcfo  hy  whose  orrter  thoy  have  hern  arrest- 
cl,  f  ho  r;in-io  for  which  Ihi'v  .'U'o  ili't;iiiitvl,  ami  the  iiamo  of  thoso  who  may 
liavo  aiTcMtoil  llicin.  Ho  slmll  rcsiih;  in  prison,  and  for  ciich  coiisiihTablo 
fanit  cornrniMi'il  hy  him  ho  sliall  pay  sixty  dollars.  applical)h'  ono  half  to 
the  royal  chainlior.  and  fho  olhiir  half  to  tho  infdrmor. 

4.  I(  is  till'  (inly  of  tin;  jailor  to  ko('[i  tho  prison  rloan  and  healthy,  to 
snpply  it  with  water  for  tho  nso  of  the  prisoners,  to  visit  thtnii  in  the  ovo. 
nini,'.  to  provont  thorn  from  yarning'  or  disputing,  to  troat  thorn  well,  and 
to  avoid  insnltioL'  or  oirc;ndinir  thorn. 

5.  It  is  likowi-^(!  (III!  (inly  of  tho  jailor  to  take  earo  Mial  the  female  pri- 
soners  are  separate  from  the  men;  tliat  lioth  of  (hem  are  kept  in  (heir 
respne(ive  ii[)ai(inen(s,  :in(l  that  they  are  not  worse  treated  than  their 
otrenee  deserves,  or  than  is  presoribed  l>y  the  juilires. 

(i.  With  respoi't  to  his  foes,  the  said  jaih-r  shall  oonline  hims(»lf  strictly 
to  those  whieli  are  estahlished  ;  he  shall  take  nout;  from  tho  poor  nnder  a 
penalty  of  tho  value  of  the  same.  He  may  not,  without  inenrrinif  the  sama 
penalty.  roeeiv('  any  gratifieation  either  in  money  or  iroods.  Ho  shall 
avoid  entirely  either  playing',  oalinir,  or  forming  any  iidimaey  with  the 
prisoners,  under  the  penalty  of  six(y  dollars,  applicable,  one-third  to  the 
royal  (shamber,  one-third  to  the  informer,  and  the  remaining  third  to  tho 
poor  prisoners. 

Fonh  of  the  oath  to  he  taken  by  the  governors,  the  akalJes,  and  the  other  judges^ 
luhen  taking  possession  of  their  ofjlces  : 

Don  N.,  elect(!d  governor,  or  alcalde,  &e..  (aecarding  to  the  employment 
or  ollieo,)  1  swear  before  God,  the  holy  cross,  and  the  evangelists,  to  up- 
\\y.^  \  and  defend  tho  mystery  of  tho  immaculate  conception  of  our  lady  the 
Virgin  Mary,  and  tho  royal  jurisdiction  to  which  I  am  attached  by  my 
employment.  I  also  sw(!ar  to  obey  the  royal  ordinances  and  tlie  decrees 
of  his  majesty,  faithfully  to  discharge  tlie  duties  of  niy  otiici;,  to  decide 
according  to  law  in  all  cases  which  may  come  before  my  tribunal ;  and 
for  the  more  certain  attainment  thereof,  I  promise  to  consult  with  such  as 
are  veU  informed  in  the  law,  whenever  opportunities  may  occur  in  this 
city;  and,  lastly,  I  swear  tjiat  I  will  never  e.xact  other  fees  than  thoso 
fixed  by  the  tarilF,  and  that  1  will  never  take  any  from  the  poor. 

At  New-Ohli:an.s,  November  25,  17G9. 

Don  Ai.EXANnER  O'RpitLY. 

Printed  by  order  of  hii;  excellency  Frauijois  Xavier  Rodriguez,  escribano 
of  the  expedition. 


ArrEXDix. 


269 


Instrurtions  nx  to  the  manner  of  instituting  suits,  civil  and  criminal,  ami  nf 
pro^iomiriii'f  ju'ltjmcnfs  in  grnrnil,  in  ciinffjrinitij  to  the  In  ws  nf  the  Kntvn 
Rcopilii'iDn'lif  CdatiUii,  aii'l  >hr  RiCojtildriun  dc  Ins  ln(/i(i.i,Jor  thr  <j<jv(rn- 
ment  of  Oie  ju(hj( s  and  imrliis  plmdlni/,  until  a  )iiorc  rjrmrid  Iniuivkdije  of 
the.  Siianish  l((ni/u't(je,and  more  ctcnsice  in/ormntiou  upun  those,  laws  may 
le  uc'iuired:  dif/e^tid  and  avranijrd  /-i/  Vo't.  Don  M'inmi  Jusijih  dr  Virus- 
tia,  and  the  rijiinsi-Uor  Don  Ftti-r  R'lj,  l>ij  ordtr  uf  liis  e.nclknoj  Don  Ah:j'- 
ander  O'Reilly,  Governor  and  Cmdaiii  General  of  this 2'rovinii;  by  qjcciul 
ci/miniasion  of  his  77uisjttij. 

Skction  T. 

Of  Civd  Jitdijmrnls  in  Gcncnd, 

1.  It  musl.in  tlio  first  placo,  boobsorvoil,  tluit  in  causes  civil  ur  oriiiiiiial, 
of  any  iiatiin;  wliatsouvcr,  persons  belon;,'ini^  Id  any  ^!ii^fiolls  (inlei  may 
neitlier  appear,  nor  make  aiiy  doniaini  wilhout  tlio  permission  ol'  llieir 
superior.  This  permission  is  cipially  necessary  to  the  son,  \vlii)S(.'  fallier 
be  living,  and  whose  consent  must  be  obtained  ;  to  ihe  slave,  who  may  not 
act  without  the  consent  of  his  master;  to  the  minor,  who  must  bo  author- 
ized by  his  tutor,  who  may  be  chosen  by  liirnself  at  the  lull  a',ro  of  four- 
teen years,  or  appointed  by  the  jnili,'e,  when  of  an  a^rc  less  ad\;uieed  :  to 
the  wife,  who  must  obtain  tlu'  permission  of  her  husband;  and,  lastly,  to 
lunatics  antl  idiots,  who  must  be  represented  by  the  curator  appointed  by 
law  to  take  care  of  their  persons  and  property. 

2.  It  )anst  also  be  observed,  that  the  consent  of  Ihe  father  is  not  neces- 
sary to  tlie  son.  when  pleading  in  his  own  name  for  the  recovery  of  pro- 
perty or  rights  ac(piired  by  his  services  in  war,  which  are  styled  cnstrenses 
or  by  particular  gratification  from  the  prince;  oi'  lastly,  of  those  he  may 
have  acquired  by  some  public  employment,  which  are  .styled  ijim.'ii  cas- 
trenscs.  But  in  the  jase  -where  the  son  shall  demand  a  maintenance  or 
■wish  to  be  emancipated,  he  shall  previously  obtain  the  permission  cT  the 
judge,  by  reason  of  the  consideration  and  great  respect  due  to  a  father,  or 
other  superior.  The  slave  is  also  allowed  the  same  course  of  proceediu" 
towards  his  master,  if  the  latter,  in  the  ext'rcise  of  his  authority,  shall  ex- 
ceed the  boumls  prescribed  by  law,  in  which  case  the  slave  is  enlithnl  to 
require  either  his  liberty  or  to  be  sold.  The  wile  may,  also,  without  the 
consent  of  her  husband,  require  her  ilowry,  if  he  shall  be  on  the  point  of 
squandering  the  same;  or  an  alimony,  in  the  case  of  separation  or  ill- 
treatment. 

3.  He  who  may  purpose  to  institute  an  action  at  law  for  a  sum  exceed- 
ing one  huiuhed  livres,  shall  commence  the  same  by  a  petition  setting 
forth  the  fact,  and  tlie  motives  upon  which  lu;  proceeds;  he  shall  also 
specify  whetiier  his  demand  be  for  the  proceeds  of  some  sale,  for  money 


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270 


APPENDIX. 


'.' 


'i.' 


fs 


1 


lent*,  or  other  similar  claim,  vviMi  every  circumstance  nccesi3ary  to  the 
elucidation  of  the  case,  and  for  the  information  of  the  judge.  He  shall 
conclude  by  requiring  either  the  return  of  the  money,  if  lent,  or  the  pay- 
ment of  his  demand,  and  the  condemnation  of  the  adverse  party  to  the 
payment  of  costs,  if  he  shall  unjustly  maintain  the  contrary. 

4.  The  said  petition  shall  be  signed  by  the  party  or  by  his  proxy,  and 
shall  then  be  presented  to  the  judge,  who  shall  cause  the  same  to  be  com- 
municated to  the  party  against  whom  the  demand  may  be  made,  which 
proceeiling  sliall  have  the  validity  of  a  citation.  The  defendant  shall  make 
his  defence  within  nine  days,  computing  from  the  day  on  which  he  may 
have  been  no'itied  of  the  ileinand.  He  shall  draw  up  a  counter-declara- 
tion in  answer  thereto,  which  shall  contain  such  arguments  as  teml  to  de- 
feat the  claim  of  the  adverse  party,  if  the  same  be  not  founded,  and  shall 
make  his  defence  in  the  manner  observed  by  the  plaintiff  in  his  introduc- 
tory petition  (reqnete). 

5.  If  the  defendant  does  not  answer  within  the  nine  days,  the  plaintiff 
shall  reciuire  judgment  by  default,  by  a  writing  setting  forth  that  the  delay 
has  e.vpired ;  and  moving  that,  no  answer  having  been  made,  the  defend- 
ant be  condemned  by  default ;  and  that,  consequently,  his  claim  be  re- 
puted acknowledged  and  sufficiently  established. 

6.  If,  on  the  contrary,  the  defendant  shall  answer  within  the  nine  days, 
and  shall  allege  that  he  is  not  bound  to  defend  the  suit  as  to  the  merits 
thereof,  by  reason  that  judgment  in  the  case  is  not  within  the  competency 
of  the  judge  who  has  taken  cognizance  of  the  same,  that  the  plaintiff  can- 
not plead  in  his  own  name,  thiit  the  terqa  of  his  engagement  has  not  yet 
expired,  or  otlier  similar  exceptions,  communication  thereof  shall  be  made 
to  the  plaintiff  that  he  may  reply,  within  six  days,  thereto.  Upon  his  re- 
plication the  judije  shall  decide  whether  the  cause  shall  be  defended  as 
to  the  merits  thereof:  in  which  case,  without  admitting  an  appeal,  the 
said  cause  shall  be  tried  on  the  merits  thereof. 

7.  But  if  the  defendant,  without  producing  any  similar  exceptions,  shall 
set  forth  pleas  lending  indirectly  to  admit  the  demand,  as  by  alleging  that 
the  thing  demanded  has  not  become  due,  that  the  same  has  been  already 
paid,  or  any  other  pleas,  supported  by  vouchers,  which  may  be  admitted 
before  the  putting  of  the  cause  at  issue,  the  effcjctof  which  pleas  would 
discharire  him  from  the  demand,  the  same  shall  be  communicated  to  the 
plaintiff,  to  reply  thereto:  a  copy  of  which  reply  shill  be  delivered  to  the 
defendant  for  a  rejoinder  to  the  same;  after  which  the  judge  shall  require 
the  documents,  and  shall  proceed  to  give  judgment. 

8.  If  the  fact  contosted  should  be  admitted  to  proof,  as  being  doubtful, 
the  same  shall  be  determined  within  eighty  days,  at  furthest;  during 
which  delay  the  parties  sliall  furnish  their  piv^ofs,  and  shall  .summon  each 
other  reciprocally  to  attend  to  the  administering  of  the  oath  to  the  wit- 
nesses. 


H 


APPENDIX. 


271 


>ns,  shall 
inq  that 
already 
1  mi  (ted 
<  would 
1  to  the 
d  to  the 
require 


9.  The  testimony  of  the  witnesses  shall  he  so  secretly  given  (hat  neitlier 
of  the  parties  shall  have  knowletljLue  of  the  deposit idiis  ot  his  own  wit- 
nesses, nor  those  of  the  adverse  party.  The  term  to  wliicli  tiie  cause  may 
have  been  continued  having  expired,  one  of  the  parlies  shall  move  that 
by  reason  of  the  said  expiration  the  testimony  of  the  witnossi-s  be  made 
public.  This  motion  shall  be  communicated  to  the  other  party,  who  shall 
consent  thereto,  or  if  he  shall  not  reply  to  the  same,  he  shall  be  con.lemned 
by  default  in  the  manner  observed,  when  one  of  the  parties  iloes  not  reply 
to  (he  plea  of  the  other.  The  judge  shall  order  the  publication  of  the  said 
testimony,  and  the  deliverance  thereof  to  the  parties  ;  observing' (hat  the 
same  be  iirst  delivered  to  the  plaintitf,  (hat  he  may,  if  necessary,  strength- 
en the  same. 

10.  The  testimony  being  made  public,  should  the  piaintitTfind  the  wit- 
nesses of  the  defendant  inadmissible,  as  being  either  his  »Miemies,  or  the 
intimate  friends  or  relations  of  the  defendant  or  for  odier  causes  which 
may  weaken  the  faith  which  would  otherwise  be  duj  to  their  testimony, 
he  shall  draw  up  a  declaration  in  which  his  exceptions  shall  be  specified, 
after  taking  an  oath  that  he  has  no  intention  of  olfuiiilinir  ,them  ;  which 
oath  shall  be  notilied  to  the  defendant,  who  may  in  reply  state  his  excep- 
tions  to  the  witnesses  of  the  plaintitT.  The  said  exceptions  sliall  then  be 
put  to  the  proof,  antl  forty  ilays  may  be  granted  (htjrefor,  or  one  half  of 
the  term  allowed  for  the  takii:g  of  the  testimony  in  (he  principal  cause. 

11.  When  the  term  allowed  for  the  admission  of  proof  of  the  exceptions 
shall  have  expired,  the  publication  of  the  testimony,  as  in  the  principal 
cause,  shall  not  be  allowed,  but  the  documents  shall  be  delivered  to  the 
plaintiff,  that  he  may  set  forth  his  proof;  and  if  he  shall  establish  that 
the  same  is  more  complete  than  that  of  the  adverse  party,  a  copy  thereof 
shall  be  given  to  tha  djfendant,  upon  whose  reply,  or  in  def  iu!t  therjof,  the 
judge  shall  declare  the  controversy  determined.  He  shall  then  order,  that 
the  parties  await  the  final  decision,  which  must  be  given  within  twenty 
days,  computing  from  the  day  on  which  he  may  have  recjiiirod  the  docu- 
ments in  the  cause.  He  shall  attentively  examine  the  said  ilociiments, 
and  determine  the  suit  by  co.idemning  the  debtor  to  payment,  or  by  dis- 
charging him  from  the  demaml,  according  to  the  merits  of  the  case. 

12.  If  ju.igm2nt  be  given  for  a  sum  not  excee  ling  90.000  maravedis,  an 
appeal  to  the  cabildo  may  be  taken  within  five  days,  computing  from  the 
day  on  which  the  parties  may  have  been  notified  of  the  sentence.  If  the 
judgment  given  be  for  a  greater  sum,  an  appeal  shall  lie  to  the  tribunal, 
that  may  be  appointed  by  his  majesty,  in  consequence  of  the  representa- 
tions which  have  been  made  to  him  on  that  subject.  A  brief  explanation 
of  the  manner  in  which  this  recourse  may  be  had,  will  be  given  at  the 
conclusion  of  these  instructions. 

13.  If  no  appeal  shall  be  lodged  within  the  five  days  allowed,  (he  partj', 
who  may  have  obtained  judgment  in  his  lavcr,  shall  draw  up  a  writmg, 


if 


272 


APPENDIX, 


by  which  he  shall  move,  that  no  appeal  having  having  been  taken  within 
the  legal  delay,  the  judgment  be  considered  definite ;  and  that,  in  pur- 
suance thereof,  execution  be  ordered;  a  copy  of  which  shall  be  given  to 
the  adverse  party ;  and  on  his  reply,  or  in  default  thereof,  the  judge  shall 
pronounce  both  on  the  validity  of  the  jaiigment  and  the  expiration  of  tho 
delay;  after  which  he  shall  order  that  the  sentence  take  eilect,  and  be 
put  into  execution. 


i* 


4 


Section  II. 
Of  Executorij  Proceedings. 

1.  When  a  debt  shall  bo  fully  established,  and  it  imports  a  confession  of 
judgment,  as  by  an  agreement  or  obligation  made  before  a  notary  ;  by  a 
simple  note,  legally  acknowledged  by  tho  drawer ;  by  confession  of  judg- 
ment, although  without  any  written  title  from  the  debtor ;  by  a  definite 
sentence  of  the  court,  or  by  the  cash  books  of  the  debtor  acknowleilged  by 
him;  in  all  these  cases  the  creditor  shall  draw  up  a  declaration  setting 
forth  his  claim  and  his  action,  annexing  thereto  the  document  which  enti- 
tles him  to  an  order  of  execution,  and  moving  that  by  virtue  of  the  said 
document,  a  writ  of  execution  be  granted  him  for  the  sum  due,  as  also  the 
tenth  anil  the  costs  which  may  be  allowed.  He  shall  observe  that  his 
declaration  contains  the  oath  that  the  sum  demanded  is  certain,  due,  and 
ought  to  be  paid  by  the  debtor. 

2.  The  judge  sliall  examine  if  the  document  which  entities  the  creditor 
to  a  recovery  imports  a  confession  of  judgment;  and,  if  such  be  the  case> 
he  shall  order  immediate  execution,  by  addressing  an  onler  in  writing  to 
the  algnazil  mayor,  directing  him  to  summon  the  debtor  to  pay  the  de- 
mand, or,  in  ilofault  thereof,  his  property  shall  be  seized  to  the  value  of 
the  same,  with  the  tenth  and  the  costs. 

3.  By  virtue  of  the  said  order,  the  alguazil  mayor  shall  summon  the 
debtor;  if  he  complies,  the  execution  shall  cease.  If  otherwise,  his  pro- 
perty shall  be  seized  and  held  in  custody  by  tho  depositary  general ;  un- 
less he  shall  give  good  and  sntiioient  security  for  the  payment  of  the  sum 
in  which  he  is  condemned  by  the  sentence.  Hut  if  he  shall  not  give  the 
security  aforesaid,  or  if  he  has  not  property  sullicient,  he  shall  be  im- 
prisoned, unless  exempted  therefrom  by  the  privilege  of  nobility,  which 
is  also  eiijoyod  by  the  military,  regidors,  officers  of  finance,  women,  law- 
yers, physicians,  and  other  distinguished  persons.  The  alguazil  rr»?yor 
shall  note,  at  tiie  foot  of  the  writ,  his  proceedings  thereon,  as  also  the  day 
and  the  hour  of  his  executing  the  same. 

4.  The  property  being  seized,  the  creditor  shall,  by  another  writing, 
move  that  the  same  be  valued  by  two  capable  persons,  on  whom  the  par- 
ties may  agree,  and  that  public  notice  be  given  that  the  sale  thereof  will 


APPENDIX. 


273 


:en  within 
at,  ill  pur- 
B  given  to 
idge  shall 
lion  of  the 
ct,  and  be 


mfession  of 
ary  ;  by  a 
i)n  of  juilg- 
a  definite 
irleiiged  by 
on  setting 
vhich  enti- 
af  the  said 
as  also  the 
e  that  his 
I,  due,  and 

le  creditor 
3  the  case* 
writing  to 
ay  the  de- 
le  value  of 

mmon  the 
e,  his  pro- 
loral ;  un- 
f  the  sum 
give  the 
111  be  im- 
Ity,  which 
Imen,  law- 
Kil  nrA^yor 
|o  the  day 


writing, 

the  par- 

lereof  will 


be  made  after  the  UMial  delay,  according  to  tlio  nature  of  the  property. 
The  said  delay  sliall  bo  of  iiiiie  days'  duration,  lor  pi^rsonal  property, 
witii  a  public  notice  every  tlireo  days  ;  and  of  thirty  days' duration,  for 
real  property,  of  which  notice  shall  he  ;,'iv(Mi  every  nine  days;  but,  if  the 
debtor  shall  constMit.  'he  said  notices  need  not  be  iriven. 

5.  The  said  term  being  evpire.l,  and  public  notice  hcing  driven,  the 
creditor  shall  reipiire  that  the  dehtor  dcliuitively  sinnmoned  to  make  op- 
position, and  to  prove  that  the  sum  demamled  is  not  duo  or  has  already 
been  paid.  In  pursuance  thereof  the  debtor  shall  be  delinilively  sum- 
moned, if  he  has  noi  previously  opposed,  which  he  might  do,  during  the 
time  of  the  seizure,  or  of  his  detention  in  piison. 

6.  If  the  dehtor  shall  not  make  opposition,  witliin  throe  days,  compuluiL' 
from  the  day  on  which  he  may  have  betjii  delinitely  summoned,  he  shall 
be  attached  by  default:  but  if  he  s!i;ill  mike  ojjposilion,  lie  shall  be 
ordereil  to  provi;  his  exceptions  within  ten  days  at  furthest,  which  shall 
be  common  to  both  parties  to  prove  the  justice  of  their  pretensions  in  the 
maimer  whii;h  to  them  may  seem  best. 

7.  During  the  said  ilelay,  the  proofs  olfered  by  tlie  two  parties  shall  be  re- 
ceived, and  they  shall  cite  each  other  reciprocally  to  attend  at  theadminis- 
teringof  the  oath  to  the  witnesses,  in  conformity  to  the  jirovision  of  scctum 
1,  Nos. 8  and  •».  for  civil  judgments  in  general ;  with  this  dilbirence,  how- 
ever, that  the  said  delay  may  be  prolonged  at  the  retjuest  of  flie  creditor. 
in  which  case  the  debtor  shall  enjoy  the  benetit  of  the  said  prolongation. 

8.  The  term  allowed  iiaviug  expired,  no  further  proof  shall  be  allowed 
save  the  confession  of  the  party;  and  the  tlocumeuts  shall  be  relumed  to 
the  creditor  that  he  may  set  forth  his  right,  of  which  a  copy  shall  b'j  given 
to  the  debtor.  Upon  his  reply,  or  in  tlefault  thereof,  the  judge  shall  re- 
quire the  docnmeiifs,  aiul  shall  proceed  to  give  judgment. 

9.  lie  shall  examine  with  attention  if  the  exceptions  made  by  the 
debtor  are  just,  and  more  fully  established  than  the  claim  of  the  plainlilF; 
and,  if  such  be  the  case,  he  shall  discharge  him  I'rom  the  demand  insti- 
tuted aijainst  him.  Ite  sliall  order  the  restoration  of  his  property,  and 
shall  condemn  the  plaintill  to  the  payment  of  the  costs. 

10.  If,  on  the  contrary,  the  debtor  has  not  provotl  his  exceptions,  and 
the  sum  demanded  be  found  legally  due,  the  judge  shall  declare  the 
seizure  to  be  valid,  and  shall  order  the  fourth  and  last  public  notice  of  the 
sale  to  be  given,  and  the  adjudication  of  the  property  to  the  hiirhest  bidder, 
and  that  from  the  proceedsof  the  samethe  demandof  the  creilitor  be  fully 
discharged,  as  also  the  tenth  and  the  costs.  The  creditor  shall,  however, 
be  held  to  give  security  in  the  amount  of  these  sums,  to  answer  in  the 
event  the  sentence  .should  be  annulled  by  a  superior  tribunal. 

11.  This  sentence  shall  be  carrie>l  into  execution  notwithstanding  ap- 
peal, but  shall  not  prevent  the  party  who  may  have  been  aggrieved  from 
appealing  to  the  cabildo,  provided  the  sum  does  not  exceed  90.000  mara- 

18 


II 


m. 


274 


APPENDIX. 


:l .:  i 


ti 


vedis,  otherwise  the  appeal  must  be  made  to  the  superior  tribunal,  to  be 
hereafter  appoiiitod  by  his  majesty. 

12.  Detiiiitiveju'lgmcut  being  pronounced,  the  day  for  the  fourth  and  last 
notiee  of  llio  sale  of  tlie  property  seizeil  shall  be  appointed.  On  the  said 
dc'iy  the  sale  shall  be  made  in  the  presence  of  the  parties,  who  shall  bo 
legally  snumioiied  to  attend  ;  and  the  amount  of  his  demand  shall  be 
paid  to  the  creilitor,  who  shall  give  the  security  uforesaitl ;  the  tenth  shall 
be  paid  to  the  alguazil  mayor,  and  the  costs  and  e.vpenses  to  the  other 
officers,  in  conformity  to  the  regulations  of  the  taritl. 

13.  It  must  be  observed,  that,  if  the  debtor  discharges  his  debt  within 
seventy-two  hours  after  the  seizure  is  pronounced  to  be  valid,  the  tenth 
shall  not  be  demaihled;  but  in  default  thereof,  the  payment  of  the  same 
cannot  be  dispensed  with;  and  on  tliis  accoutU  it  has  been  heretofore 
declared  indispensably  necessary  to  note  the  day  and  the  hour  of  the  pro- 


ceedings in  the  seizure. 


Section  III. 


0/  Judgment  in  Criminal  Causes. 

1.  When  information  shall  have  been  obtained  of  any  crime,  such  as 
homicide,  robbery,  &o.,  having  been  committeil,  if  no  prosecutor  shall 
appear,  the  judge  shall  officially  draw  up  a  proccs-verbal  containing  the 
knowledge  lie  has  acquired  of  the  said  crime,  and  shall  order  an  inquiry 
to  be  made  into  the  circnmstances  of  the  same  ;  as,  for  example,  in  the 
case  of  homicide,  he  shall  cause  the  body  to  be  examined  by  owo  or  more 
sui'geons,who  shall  declare  whether  the  wounds  have  been  mortal  or  other- 
wise; they  shall  set  forth  in  what  place  and  in  what  situation  the  body 
was  found,  and  with  what  instrument  it  appears  that  the  crime  has  been 
committed.  In  the  case  of  robbery,  an  examination  will  be  made,  and 
the  escribano  shall  detail  and  certify  the  marks  of  violence  on  the  house 
or  the  furniture,  indicating  that  saiil  crime  has  been  committetl.  The 
same  statement  of  facts  shall  also  be  made  in  all  crimes  1  a  formality 
which  is  the  basis  of  judicial  proceedings,  and  without  which  the  criminal 
cannot  be  jirosecuted.  The  judge  shall,  at  the  same  time,  order  that  the 
information  be  taken  and  the  witnesses  heard. 

2.  When  the  party  injured  shall  bring  forward  a  complaint,  he  shall 
commence  by  a  petition,  containing  a  correct  and  brief  exposition  of  the 
fact,  and  requesting  an  examination  into  the  circumstances  of  the  crime, 
in  the  manner  before  mentioned,  and  also  that  a  summary  inquiry  may  be 
made  into  the  truth  of  the  facts  set  forth  m  his  petition.  The  judge  shall 
take  order  on  the  said  petition  in  the  followi'ig  words:  "Be  it  done  as  is 
required." 

3.  The  judge  shall  make  the  said  inquiries  in  person,  unless  unavoid- 
ably prevented:  in  which  case  he  may  intrust  the  same  to  the  register 


APPENDIX. 


275 


lal,  to  be 

1  ami  last 
tho  said 
sliall  bo 
shall  be 
i\(h  shall 
the  other 

jt  within 
the  tenth 
the  same 
iOretofoio 
f  the  pro- 


?,  such  as 

utor  shall 

lining  the 

n  inquiry 

le,  in  the 

c  or  more 

or  other- 

le  boily 

as  been 

uh;,  and 

le  house 

The 

brmality 

criminal 

that  the 

le  shall 
on  of  the 
le  crime, 
may  be 
ge  shall 
one  as  is 

unavoid- 
register 


If,  however,  t1  c  crime  be  established,  and  the  criminal  unknown,  every 
incjuiry,  search  and  examination  necessary  to  obtain  a  knowledge  of  the 
saii.1  crmiinal  shall  be  maiio. 

4.  When  the  inquiries  have  been  made,  vorifyin?  the  crime,  and  the 
criminal  is  known,  if  two  witnesses  appear,  or  one  witness  of  credit,  joined 
to  other  circumstances,  proving  him  to  be  the  otrendtT.  Ilie  judge  shall 
cirect  the  body  of  tiie  said  aigiessor  to  be  taken  into  custody,  as  also  an 
inventory  of  his  property  to  be  taken,  and  the  sequestration  of  the  same 
in  the  hands  of  the  depositary  general. 

5.  If  the  criminal  has  not  been  arrested^  by  reason  of  either  absence  or 
concealment,  the  judge  shall  direct  (hat.  as  it  appears  by  the  report  of  the 
alguazil,  the  sai  I  criminal  has  not  been  arrestoii,  he  be  cited  by  public 
proclamation,  three  times  repeated,  in  the  manner  following. 

6.  The  accused  shall  first  be  cited  to  appear  and  deliver  himself  up 
within  nine  days;  of  which,  the  judge  shall  direct  the  escribano  to  certify 
that  the  term  has  expired,  if  the  jailer  atRrm  that  the  olfender  has  not  ap- 
peared. In  consequence  of  the  said  certificates,  which  shall  bo  annexed 
to  the  documents  in  the  cause,  the  accused  shall  l)e  condemned  to  the 
penalty  of  contumacy  ;  and  the  judge  shall  direct  that  he  be  again  cited 
to  appear  within  the  aforesaid  term  of  nine  days.  On  the  expiration  of 
this  second  delay  the  escribano  and  jailer  shall  certify  as  before ;  after 
which  tlie  judge  shall  issue  an  order  for  his  arrest,  and  tlirect  (he  puhlica- 
tioii  of  the  same,  as  also  the  continuance  of  the  proclamation  aforesaid 
These  last  nine  ilays  being  expired,  th(j  escribano  shall  again  ceitify  there- 
t»,  and  the  jailer  shall  aflirin  that  the  accused  has  not  appeared  at  the 
prison.  The  judge  shall  then  declare  him  fully  convicted  of  contumacy  ; 
and  if  there  be  no  prosecutor,  a  procurator  fiscal  shall  be  appointed  to  take 
the  necessary  steps  in  the  case;  but  if  there  be  a  prosecutor,  the  cause 
shall  be  committed  to  him  (hat  he  may  proceed  therein  as  he  may  (hink 
best,  in  order  to  bring  the  sam;i  before  (lie  tribunal,  in  which  provisional 
judgments  are  given,  and  the  criminal  is  cited  as  if  he  was  present.  The 
proceedings  shall  (hen  be  continueil  until  the  definitive  sentence  either  in 
fdvorof  or  against  the  accused  be  pronounced. 

7.  If,  however,  previous  to,  or  after  the  sentence,  the  accused  shall  pre 
sent  himself  at  the  prison,  the  cause  shall  be  instituted  anew,  and  the  de- 
fence of  the  accused  shall  be  heard  with  attention  ;  and  upon  what  the 
prosecutor  or  the  procurator  fiscal  may  set  forth  in  opposition  thereto,  the 
previous  sentence  shall  be  eitlier  confirmed  or  annulled,  according  to  the 
documents  reproduced  on  the  trial. 

8.  If  the  criminal  be  taken  after  the  order  for  his  arrest  has  been  issueil, 
and  the  jiroccs-veibal  conelu  led,  the  judge  shall  direct  the  jailer  to  certify 
that  the  accused  is  in  prison,  and  the  said  judge  shall,  in  person,  com- 
mence the  examination  by  demaiuling  his  name,  age,  quality,  profession, 
country  and  residence.     If  he  be  undei-  twentyrfivc  years  of  age,  he  shall 


270 


APPENDIX. 


U 


*:1 


El: 


Vfe; 


■>: 


\)0  rnjoinoil  to  cl>(X)so  a  guardian  ;  ami,  upon  liis  refusal  to  do  so,  tl\n  ln^\^a 
stiall  appoint  some  ono  for  him,  by  reason  .hat  the  said  nxaminafion  can- 
not proceed  without  the  presence  and  authority  of  the  sai<l  fjuardian. 

!».  In  thi;  said  examination  the  jnil^ie  shall  rliar},'e  the  aeensed  with  the 
crime,  pmsiiant  to  the  testimony  ;^iveii  an<i  shall  propounil  sneh  (piostion* 
as  may  ttsnti  to  the  disclosure  of  the  circumstances  of  the  same. 

10.  The  examination  conchiiled.  tht;  witnesses  both  for  and  auaiust  the 
accused,  shall  be  heani  wilhin  the  shortot  delay  possible:  which,  how- 
ever, if  nect'ssary,  may  be  extend(!d  to  eiyhty  ilays,  as  allowetl  in  civil 
causes  in  "leneral.  Duiini,'  this  ilelay,  the  accused  on  one  side,  ami  the 
prosecutor,  or  the  procurator  liscal,  (in  default  of  a  prosecutor)  on  the 
other,  shall  produce  their  pKiof  in  the  manner  provided  in  civil  causes; 
and  ajtliou^di  these  proofs  siionld  be  private,  as  also  the  re-examination  of 
the  witnesses,  Ihey  may  communicate  to  each  other  the  documents  in  the 
cause  in  order  to  the  necessary  arranL,'ement  of  their  proceeding's. 

11.  The  witnesses  beiiiir  re-examined,  and  the  delay  allowed  having 
expired,  one  of  the  parlies  shall  reipiire  that  the  testimony  be  made 
public.  This  ilemand  sliall  be  communicated  to  the  other  party,  by  a 
copy  thereof,  upon  whose  auswt;r,  or  in  default  thereof,  the  jutlge  shall 
direct  the  publication  of  tlie  s;.iil  testimony.  The  ilocuments  shall  then 
bo  delivered  to  the  prosecutor,  or  to  the  procurator  fiscal,  that  he  may  bring 
his  accu.sation  in  form,  ami  allege  the  suliiciency  of  the  proof. 

12.  The  accusation  being  made,  conjointly  wilh  the  declaration  of  the 
sufiiciency  ot  the  proof,  a  co])y  thereof  shall  be  given  to  the  accused,  that 
he  may  in  defence  set  forth  whatever  he  may  think  in  favor  of  his  cause. 
VVMien  the  saul  defence  shall  have  been  made,  the  pleadings  shall  be 
considered  as  concluded,  and,  consequently,  the  cause  in  a  state  to  be 
determined. 

13.  If  it  should  happen  that  one  or  both  of  the  parties  except  to  the 
witnesses  produced,  they  shall  proceed  in  the  manner  pointed  out  under 
the  head  of  civil  causes  in  general,  and  shall  confoim  j)recisely  to  the 
histructions  therein  given  for  similar  cases.  After  the  decision  on  the 
said  exception  has  been  made,  the  determination  of  the  cause  shall  not 
be  ilelayed  ;  but  the  judge  shall  require  the  documents^  and  cite  the  par- 
lies for  the  definitive  sentence. 

14.  The  accused  being  convicted  of  the  crime,  as  being  fully  establish- 
ed on  the  trial,  or  by  some  other  proof,  in  conjunction  with  his  own  con- 
fession, he  may  be  condemned  to  the  penally  provided  by  law  for  the 
same.  The  said  condemnation  shall  also  take  place  when  two  witnesses 
of  lawful  age  and  irreproachable  character  shall  dejwse  that  of  their  cer- 
tain knowledge  the  accused  has  committed  the  crime ;  but  when  there 
shall  appear  against  the  accuseil  but  one  witness,  and  other  indications  or 
conjectures,  he  shall  not  be  condemned  to  the  penalty  provided  by  law; 
but  some  other  punishment  shall  be  inflicted  as  directed  by  the  judge, 


AITKNIUX. 


277 


with  ilue  consideration  of  the  oircnrn<(ancps  wliirli  may  appoar  on  the 
trial  ;  this  statu  of  tliinijs  roqniros  tlit>  ;j;reat»!st  circumspection,  as  it  must 
always  In;  rtMncmberctl  liiat  it  is  bcltor  to  li-t  a  i-riniinal  osfapo  than  to 
punish  the  innoounl. 

15.  Altorall  I  hose  precautions,  the  jiulire  shall  pronounce  sentence  :  ami 
althou;,'li  in  criminal  causes  an  appeal  should  not  bo  admitted,  yet  if  the 
jud::e  sliall  iuive  doubts,  or  IVoni  some  ditiicuities  on  the  liial  he  shall 
(hink  it  advisable  to  submit  the  same  to  the  examination  of  a  su]UMior 
tribunal,  execution  shall  be  suspended,  and  this  second  instance  shall  be 
conducted  as  in  civil  causes. 


lie  judge, 


Si:(TioN  IV. 
Of  Ajipenls. 

1-  When  judu'm'Jnt  has  been  ^iven  for  a  sum  or  an  object,  the  valuer  of 
which  exct^ds  ninety  thousand  inaravedis,  an  appeal  maybe  taken  by 
the  party  who  thinks  iiiinself  ai'irrieved,  directly  to  the  tribunal  to  bo 
liereafter  appointed  by  his  maji.'sly  :  and  when  the  said  appeal  >liall  have 
been  lodnjed,  comnninication  thereof  shall  be  made  to  the  adverse  parly, 
who  may  plead  against  the  merits  of  the  same;  that  is  to  say.  whether 
the  sentence  shall  be  suspended  or  evecnted,  nolwilhstandinir  appeal. 
To  determine  this  point,  the  jud^e  shall  dciiand  tin;  documents,  and  alter 
examiniufjr  the  same  shall  pronf)unce  eilluir  for  or  aixainst.  as  he  shall 
tiiink:  and  in  nr^xent  and  particular  cases,  such  as  dowry,  alimony,  or 
others  of  a  similar  nature,  in  which  appeals  should  not  lightly  be  admit- 
ted, he  shall  onL-r  execution.  In  this  class  are  also  comprised  criminal 
causes,  uide.ss  such  circumstances  should  occur  as  cited  at  the  conclusion 
of  the  preceding  paragraph  ;  in  which  ca.sc  execution  must  be  suspentled 
until  the  superior  judge  has  c.vainiiied  the  same,  and  confirmed  the  sen- 
tence pronounced. 

2.  If  the  appeal  be  admittt*  ■  e  second  trial  shall  be  conducted  in  (ho 
manner  following:  The  judge  riiull  direct  the  delivery  of  the  docnuuMits 
in  the  cause  to  the  appellant,  il/it  he  may  declare  in  what  consists  the 
grievance  of  which  he  complains;  by  which  is  meant  that  he  sliall  set 
forth  in  afgnment  the  injury  he  would  sustain  by  the  execution  of  the 
sentence,  which,  for  one  or  more  reasons,  is  not  in  conformity  to  the  pro- 
visions of  the  law  in  similar  cases,  ami  concluding  by  moviuii  that  the 
same  be  annulled.  A  copy  of  this  declaration  shall  be  given  to  the  other 
party  to  reply  thereto  and  confute  the  arguments  of  his  adversary,  by 
setting  forth  those  tending  to  prove  that  the  sentence  has  been  pronounced 
in  conformity  to  law.  The  judge  shall  then  direct  that  after  having  tran- 
scribed the  documents  in  the  cause,  at  the  expense  of  the  appellant,  the 
originals  be  transmitted  to  the  tribunal,  in  which  the  appeal  is  to  be  tried. 
He  shall  summon  the  parties  to  hear  the  transcripts  compared  with  the 


E! 


278 


APPENDIX. 


ifV 


1% 


m 


originals,  as  aNo  to  npjx'ar  in  person,  or  by  proxy,  at  tlio  tribunal  to  which 
the  .saiil  ajjpcal  .nhali  bo  curr.ed,  within  tlio  dcluy  that  may  bo  allowed, 
according,'  to  the  ili.staiice  of  the  ^anie  from  this  province.  The  saiil  tie- 
lay  sliall  cornmeiiee  from  the  day  on  wiiich  the  lirst  registered  vessel 
shall  sail  trom  this  port  for  the  place  where  the  superior  tribunal  shall  bo 
establisheil ;  the  judjre  havinj;  previously  ordered  the  delivery  on  board 
the  said  vessel,  of  the  orijfinal  documents  aforesaid.  He  shall  inlbrm  the 
appellant,  that  if,  within  thi-  delay  allowed,  he  shall  not  prove  that  he 
appeared  before  the  said  tribunal  with  the  original  ilocunienls,  he  shall 
fully  and  indisputably  forfeit  his  appeal,  and  that  the  execution  of  the  sen- 
tence shall  conse(piently  be  ordered  on  the  (irst  re(inisition  of  the  adverse 
party,  If.  however,  the  appellant  shall  establish  the  loss  of  the  vessel  i» 
which  his  docunieuts  weie  embarked,  or  u{  the  ont;  in  which  he  had 
transmitted  the  vouchers  of  his  havin;,' appeareil  at  the  superior  tribimal 
within  the  time  prescribed;  or,  in  short,  any  other  impediment  which 
may  iiischar;Lre  him  from  the  aforesaid  obliijal ion,  the  appeal  cannot  bo 
declared  to  bo  abandoned  ;  but  on  the  contrary,  a  turther  iielay  shall  bo 
granted;  and  if  the  orij^inals  have  been  lost,  copies  thereof  shall  be  de- 
livered to  him.  that  ho  may  prove  his  appearance  and  compliance  with 
whatsoever  has  betni  recjuired. 

3.  In  the  case  of  a  jud;^meid  for  a  sura  not  exceeding  90,000  maravedis, 
exclusively  of  the  costs,  the  appeal  shall  be  made  to  the  cabildo  of  this 
city,  and  the  same  shall  be  conducted  in  the  manner  followinu; :  Within 
five  days  compulinj,'  fr<mi  the  day  of  the  siynilicalion  of  the  sentence,  the 
appellant  shall  present  his  petition,  wliich  shall  be  ilelivered  to  the  rejiister 
to  annc.v  his  certilicate  thereto;  on  sight  of  which  the  cabildo  shall  ap- 
point two  regidors,  in  (piality  of  commissioners,  to  decide  on  the  cause  of 
a'.peal,  conjointly  with  the  judge  who  pronounceil  the  sentence.  The 
said  dommissioners  shall  bo  bound  to  accept  the  said  appointment,  and 
shall  take  aii  oath  that  they  will  impartially  discharge  the  duties  of  the 
same. 

4.  The  said  document  witli  the  certificate  shall  be  delivered  to  the 
cscribano  in  the  cause,  who  shall  institute  and  pursue  the  appeal.  The 
document  shall  be  delivered  to  the  appellant,  that  he  may  deduce  and  set 
forth  his  grievance  in  the  manner  explained  in  the  second  paragraph ; 
which  shall  be  done  within  fifteen  days  at  lurlhest;  and  communication 
thereof  shall  be  made  to  tlie  other  parly,  that  he  may  reply  thereto,  within 
a  further  term  of  fifteen  days  ;  so  that  within  thirty  days  from  the  appoint- 
ment of  commissioners  the  cause  shall  bo  ready  for  determination.  It 
mu.st  be  observed  tthat  the  aforesaid  term  of  thiity  days  cannot  be  pro- 
longed, even  with  the  consent  of  both  parties. 

5.  The  pleadings  being  conckuled  in  the  manner  prescribed,  the 
estribano  shall,  within  two  days,  deliver  the  documents  to  the  judges,  who 
shall  examine  the  same,  and  give  judgment  within  ten  days,  computing 


APPENDIX. 


270 


il  to  which 
)»  allowed, 
i(!  hiiiil  (le- 
it'il  Vessel 
ill  sliull  be 
■  oil  boa  111 
iiiloriii  the 
e  that  ho 
s.  he  shall 
Ltl'  the  seii- 
lu  adverse 

I  vessel  in 

II  lie  hud 
II'  tiibimal 
Mil  whieli 
cannot  be 
y  shall  be 
lall  be  de- 
iinee  with 

laiavetlis, 
do  of  this 
Within 
leiice,  the 
e  register 

shall  ap- 
!  cause  of 
ce.     'J"he 
lent,  and 

es  of  the 

h1  to  the 
sal.  The 
e  and  set 
ra^'iaph ; 
unication 
p,  wiihin 
appoint- 
ition.  It 
t  be  pro- 
ved, the 
Ues,  who 
mputing 


from  tho  pxpiration  of  the  thirfy  afoiosnid,  anniillinsr  or  ronlirniin,?.  ans;. 
mentiii;,'  or  diininisliini.'.  thrt  provioiiM  sciilt'iici',  as  they  ntny  think  jnst. 
After  the  expiration  of  the  aforesaid  ten  days,  jmlirment  ciinnnt  be  pro- 
nounced;  or,  if  uiven.the  same  shall  be  void;  an  I  the  first  sentence  shall 
take  full  elfecf,  and  be  execnted  aeoordiii^r  to  tin'  t(>nor  tlierenf. 

ft.  If  a  majority  nf  the  thiee  jnd^'e>i  appointed  sliall  aecurd  in  opinion, 
their  senfcnec  sinill  be  valid  and  concliisivt,'.  and  an  a|>|)  al  to  any  other 
tribnnal  shall  not  be  admittoil;  l»iit  the  jndijo  who  prononneod  the  first 
pentenee  shall  ranso  the  seooml  to  be  executed  so  soon  as  the  documents 
shall  have  been  delivered  to  him  for  that  pnrpose. 

Skction  V. 

0/  Pnnishmentn. 

1.  Ho  who  shall  revile  onr  Saviour,  or  his  mother,  the  most  holy  Viririn 
Mary,  shall  have  his  tonirne  cut  out,  and  his  property  shall  h'  conli-^cated, 
applicable,  one  half  to  the  public  treasury,  and  the  other  half  to  the 
informer. 

2.  He  who,  fora:ettin!T  the  respect  and  loyalty  which  every  subject  owes 
to  liis  kinir.  shall  have  the  insolence  to  vilify  his  royal  person  or  that  of 
the  ([ueen,  the  hereditary  prince,  or  ni  the  infants,  their  sons,  sliall  bo 
punished  corporally,  accordinu:  to  the  circumstances  of  the  crime:  and  the 
half  of  his  property  shall  be  confiscated  to  the  profit  of  the  public  or  loyal 
treasury,  if  he  have  leiritimate  children  ;  but  if  he  have  none,  he  shall 
forfeit  the  whole;  applicable,  two-thirds  to  the  public  treasury,  ami  the 
other  third  to  the  accuser. 

3.  The  authors  of  any  insurrection  a-rainst  the  kinsf  or  the  state,  or 
those  who,  under  pretext  of  defendini;  their  libertv  and  rights,  sha'l  be 
concerned  or  take  up  arms  therein,  shall  be  punish  .,  with  death,  and  the 
confiscation  of  their  properly.  The  same  punishments  shall  also  be 
inflicted  on  all  those,  who  may  be  convicteil  of  lese-majeste.  or  treason. 

4.  Whosoever  shall  ontiaire  another  cither  by  wounds,  ciill's.  or  blows 
with  a  stick,  shall  be  punished  as  the  judire  may  think  suitable  to  the  case 
and  to  the  rank  both  of  the  offender  and  the  olfouded.  But  if  tin!  abuse 
consi.sfs  only  in  words,  and  the  amrressor  be  not  noble,  the  jiid^io  shall 
exact  the  retraction  of  the  same,  in  the  presence  of  him<elf  aiul  other 
persons,  and  shall,  moreover,  condemn  the  said  air^iessor  to  a  fine  of 
1,200  maiavedis,  applicable,  one-half  to  the  public  treasury,  and  the  other 
half  to  the  party  offended.  If  the  a^irressor  be  of  rank,  or  enjoys  the 
privileges  of  nobility,  he  shall  be  condemned  to  a  fine  of  2,000  maravedis, 
applicable,  as  aforesaid.  The  judue.  however,  may  in  lien  of  the  same, 
iiiHict  any  other  punishment  which  he  shall  think  suitable  to  the  rank  of 
the  parties  and  the  nature  of  the  outrage.     If  no  blood  has  h:i&n  .spilt; 


I 
I 


280 


jVPPENDIX. 


K 

!1 

i 

( 

•'"'I 

M^ 

( ' 

K: 

f 

{ 

a 

< 

V . 


II 


i^; 

(t  ■•   ■ 

i? 

,  '    !' 

■* 

1  ■  ■■ 

(. 

■'^    ^-'i 

A 

;',          ■  'j;'^';^ 

f     ^"ijlji 

k.  ^-ii'.-Ja 

:.  a 

nor  coinplixiiif  inailo  by  tlu!  o(r<Muloil,or  il  ho  sliall  ilosUt  from  prosecuting 
tlio  Haini',  llic  jiidi,'!'  sliall  luit  iiilcrfiMt.!  therein. 

5.  lie  will)  shall  ravish  a  ijiil,  a  marrieil  wdirian,  or  a  widow  of  reputable 
cliaraeter.  shall  suH'er  ileath,  ami  his  propi'rty  shall  he  conliseated  to  tho 
use  of  the  person  injured;  Init  if  the  said  ))erson  he  not  of  repiitablo 
oliaraeter,  the  jnd^'u  shall  iiillict  sucii  punishment  as  he  may  think  suit- 
able to  the  case. 

G.  The  married  woman  oonvieted  of  adultery,  and  he  who  has  commit- 
foil  the  same  with  her,  .shall  be  ilclivereil  up  to  the  will  of  the  husband; 
with  tho  reserve,  however,  that  hu  Mhall  luA  put  tho  one  to  doulh,  without 
inllietinir  the  same  iinnislimiMit  on  the  otlmr. 

7.  'Ihe  man  who  shall  consent,  that  hi.s  wih;  livo  in  concubinairo  with 
another,  or  who  shall  havt;  induced  her  to  commit  the  crime  of  adultery, 
shall,  for  the  first  time,  be  exposed  to  public  shame,  and  condemned  to  a 
oonlim-ment  of  ten  years  in  some  fortress :  and  for  the  secniul  time  shall 
be  sentenced  to  on*!  hundred  lashes  and  continetiient  lor  lih*. 

8.  The  same  punishment  shall  also  be  inllietod  on  those  who  carry  on 
the  infamous  trade  of  enticing;  women  to  prostitution,  by  procurinj^  them 
the  means  of  jiccoinplishinii'  the  sanu;. 

0.  lie  who  shall  be  guilty  of  lurnilication  with  a  relation  in  the  fourth 
dcirree,  shall  forfeit  luilf  his  projKMly  to  the  profit  of  the  public  treasury, 
and  shall,  moreover  be  jumi.shed  corporally,  or  banished  in  some  other 
manner,  aecordinjf  to  the  rank  of  the  person,  and  the  de^'ree  of  the  kin- 
dred. If  the  said  crime  be  committed  between  parents  and  theiroffspring, 
or  with  a  professed  nun,  the  same  shall  be  punished  with  death. 

10.  lie  who  sliall  commit  tho  detestable  crime  against  nature  shall 
afterwards  be  burned,  and  his  property  shall  be  confiscated  to  tho  profit  of 
the  public  and  royal  treasuries. 

11.  The  woman  who  shall  be  publicly  the  concubine  of  an  ecclesia.stie, 
shall  be  sentenced,  for  the  first  time,  to  a  line  of  a  mark  of  silver,  and  to 
banishment  for  one  year  from  the  city  or  from  the  place  where  the  otrenco 
may  have  been  commit  led.  The  secoml  time,  she  shall  be  lined  another 
mark  of  silver,  and  banislioil  for  two  years,  and  in  case  of  relapse,  she 
shall  bo  punished  by  one  huiidreil  lashes,  in  addition  to  the  penalties 
afor(!saiil. 

12.  If  fornication  be  committed  between  bachelors  and  pirls,  they  shall 
be  admonished  by  the  jud-.^e  to  discontinue  every  kind  of  intercourse  with 
each  oilier,  under  the  penalty  of  banishment  of  the  man,  and  confinement 
of  the  fiirl,  for  such  time  as  may  bo  necessary  to  operate  a  reformation. 
If  this  menace  have  not  the  desired  effect,  the  judjro  .shall  put  the  same 
into  execution,  unless  the  rank  of  the  parties  recpiire  a  difFcrent  procedure, 
in  which  case  the  said  ofl'ence  shall  be  submitted  to  the  consideration  ot 
tho  judges,  collectively,  to  apply  the  remedy,  which  their  prudence  and 
zeal  lor  the  repression  of  such  disorders  may  suggest.    They  shall  punish 


Wi 


APPENDIX. 


281 


nil  other  nfTiMiros  of  ilcbauchery  in  proportion  to  tlioir  oxtrnt,  and  to  tho 
injury  occiisioiu'd  tliert'hy. 

13.  Ho  who  sliall  lucak  his  oath,  takiMi  in  ront'ormity  to  law.  tor  tho 
validity  of  an  a^roomunt,  shall  fortVit  thtt  wholo  of  his  piopcrty  lor  lh«» 
beni'lit  of  {\w  puhlio  and  th(»  royal  trt-asiMif). 

11.  False  wiliu!ss(!s  in  civil  causi-s  shall  hi!  oxposod  to  piililio  shame, 
and  banished  for  ten  yearn;  but  in  crirniinti  causes,  iu  which  false  testi. 
niony  is  more  important  in  its  eonsetpiunoes,  tho  same  shall  be  punislmd 
capitally.  If.  howev(?r,  the  accused  ,<hall  not  hav(!  thendiy  tieeii  sun- 
lenced  to  d(!alh,  the  falsu  witness  shall  only  be  exposed  to  pulijii-  shame, 
and  bo  sonteucod  to  perpeiual  banishment  to  some  presido.  Tin*  said 
punishments  may,  however,  be  comniuled,  when  from  tho  rank  of  llio 
olFonders  they  caunot  bo  coinlemned  to  tho  sanu". 

1.3.  Ho  who  shall  steal  tho  sacrod  vessels  in  a  hi)ly  place  shall  sulfer 
death. 

1(>.  Assassins  and  robbers  on  tho  hiirh\\ay  shall  suffer  death. 

17.  Tho  same  punishmiiut  sliall  also  bo  iutlicted  in  ca^cs  of  forcible 
robbery,  whiuli  shall  bo  reputed  such,  when  the  prnprit?toi  or  other  person 
shall  have  made  resist aneo. 

18.  Jtobbories  of  other  kinds,  other  tiian  those  compiised  in  the  preced- 
injj  articles,  shall  bo  punished  corporally,  aceordinif  lo  tiio  nature  of  tho 
same,  and  the  lank  of  persons, 

19.  Ho  who  shall  kill  another,  shall  sutler  death,  unless  done  in  his  own 
deh'uce,  or  under  such  circum.-tances  as  are  ex])laiiied  in  tho  laws  of  tho 
Nueva  Recopilacion  do  Cast  ilia. 

20.  He  who  shall  commit  wilful  murder,  or  wound  another  with  intent 
to  deprive  him  of  lite,  althouudi  the  woundeil  person  may  survive,  shall 
sulh.'r  death,  and  shall  be  dra<r^ed  to  execution  at  the  tail  ol  someaninnd; 
anil  the  half  of  his  [)roperty  shall  be  conlisoatoil  to  tho  prolit  of  the  public 
or  royal  treasury. 

Section  VI. 
Of  Testaments. 

1.  For  tho  validity  of  a  nuncupative  will,  it  is  necessary,  that  tho  same 
bo  received  by  a  notary  public,  in  presence  of  at  least  three  witnesses, 
residents  of  tho  place:  or  if  there  be  no  notary,  there  must  be  present 
five  witnesses,  residents  of  tho  place  in  which  the  will  shall  be  made:  if, 
liowever,  it  be  impossible  to  procure  the  last-mentioned  number,  three  may 
suflice. 

2.  A  testament  shall  bo  ecpially  valid  when  made  in  the  presence  of 
seven  witnesses,  althou<rh  they  be  not  residents  of  tho  place,  and  although 
tho  same  be  not  made  in  tho  presence  of  a  notary. 

3.  If,  after  the  chtsing  of  a  will,  the  testator  .shall  wish  to  add  to, 
diminish  or  change  any  disposiiion  contained  thereiuj  he  may  do  tho  same 


ili 

It" 

'1; 


282 


APPENDIX. 


cfTiJctnally  by  a  colinil:  observin';'  the  same  formalities,  and  in  the  pre- 
soiici;  of  thij  sam  !  number  of  witnesses  retiuirod  for  tlie  validity  of  the 
testament  itself;  but  he  cannot  chan;Ljo  the  name  of  the  heir,  unless 
another  will  be  made. 

•1.  If  the  testator  be  blind,  at  least  five  witnesses  shall  be  necessary  to 
each  of  tilt;  instruments  aforesaid,  in  (M'der  to  prevent  the  deceptions,  to 
whieh  th()S('  who  labor  under  such  a  inisfortu,     are  exposed. 

5.  For  the  validity  of  a  mystic  will,  styled  i"  Latin  in  scriptix,  the  testa- 
tor, on  delivering  to  the  notary,  (who  shall  seal  it.)  .shall  put  an  endorse- 
ment on  the  cover,  statina:  that  the  within  is  his  will  ;  which  endorsement 
shall  be  sitrned  by  himself  and  seven  witnesses,  if  they  can  write;  and 
if  not,  the  o(li:>is  shall  sit^n  for  them  ;  so  that  there  be  eight  signatures,  in- 
cluding that  (if  the  escribano,  who  shall  also  put  his  sign.'tture  thereto. 

6.  B('fore  the  opening:  of  a  will,  after  the  decease  of  the  testator,  it  is 
necessary  that  the  judge  who  shall  have  knowledge  thereof,  shall  certify 
thereto,  and  that  the  witnesses  appear  before  the  said  judge,  and  declare, 
on  oath,  that  th(>y  were  present,  when  the  testator  declared  the  same  to  be 
his  last  will:  tlicy  shall  acknowledge  their  signatures,  or  shall  declare  (if 
such  be  the  case)  that  by  their  request  some  one  has  signed  for  them. 

7.  As  it  often  occurs  that  persons,  it  her  unab'e  or  unwilling  to  make  a 
will  themselves,  empower  others  for  (  at  purpose,  they  are  hereby  inlorm- 
ed,  as  follows : 

8.  That  such  authority  must  be  giv  >,  in  presence  of  the  same  number 
of  persons,  and  with  the  same  formaliti      required  for  testaments. 

9.  That  the  person  empowed  to  rnak  i  will  for  another,  cannot  revoke 
a  will  previously  made  by  his  constitu  .t ;  unless  the  said  will  shall  con- 
tani  a  speciai  chuist!  to  that  effect. 

10.  That  lie  may  neilher  appoint  a  leir,  bequeath  a  third  or  a  fifth  to 
any  of  the  chiklren  cr  descendants  '  his  constituent,  disinherit  any  of 
them,  substitute  others  in  their  stead,  i.  ame  a  guardian  for  them  with- 
out an  e.xpress  clause  and  special  authority  to  that  effect :  by  reason,  that 
tho  constitneut  should  himself  nominate  his  heir,  and  designate,  by  his 
will,  wliatsoever  he  may  wish  to  be  done. 

1 1.  That  if  the  t(^stator  has  not  appointed  an  heir,  nor  designated  one  in 
the  power  given  to  make  n  will  for  him  :  the  person  so  empowered,  may 
only  direct  the  payment  of  the  debts  of  the  deceased  ;  after  which  a  fifth 
part  of  the  proceeds  of  his  property  shall  be  distributed  for  the  repose  and 
relief  of  his  soul :  the  remainder  shall  be  divided  amongst  the  relations  of 
the  deceased,  who,  according  to  law,  shall  inherit;  or,  if  there  be  n«ne, 
the  whole  shall  lie  applied  to  pious  uses,  for  the  benefit  of  the  soul  of  the 
deceased,  alter  previously  deducting  therefrom  what  is  allowed  by  law  to 
the  wife,  as  dower,  bridal  presents,  donations,  proper  iiujitias,  the  half  of 
the  profits  on  the  joint  estate,  and  whatever  may  have  fallen  to  her  by 
succes.sioii  or  donation  during  the  marria;ro. 


APPENDIX. 


283 


in  the  pre- 
idity  of  the 
leir,  unless 

ecessary  to 
ceptions,  to 

■.s,  the  testa- 
an  entlorse- 
ndorsement 
write;  and 
matures,  in- 
tliereto. 
estator,  it  is 
hall  certify 
md  declare, 
same  to  he 
1  declare  (if 
r  tliem. 
r  to  make  a 
uby  iiilonn- 

■xie  number 
ts. 

niot  revoke 
shall  con- 

3r  a  fifth  to 
erit  any  of 
them  with- 
eason,  that 
ite,  by  his 

ited  one  in 

ered,  may 

lich  a  fifth 

repose  and 

elations  of 

e  be  none, 

soul  of  the 

by  law  to 

10  half  of 

to  her  by 


12.  That  if  the  constituent  shall  have  appointed  an  heir,  the  porsun  em- 
powered as  aforesaid  may  not  dispose  of,  in  Itiracies  pious  or  profane,  mure 
than  the  I'lfth  partofthe  prop /Hy  of  the  testator,  his  debts  btinir  previously 
paid :  unless  by  a  special  clause  he  shuuKl  be  authorized  to  dispose  of  a 
greater  part. 

13.  That  the  person  empowered  should  proceed  to  the  completion  of  the 
will  witli  which  he  is  chariri'd  within  four  months,  if  he  be  in  the  place  in 
which  the  power  was  pven  :  or,  if  not.  within  si.v  months  :  unless  he  be 
out  of  tlie  kingdom:  in  which  last  ca.se,  one  year  shall  be  allowed,  com- 
putinj,"-  from  the  day  of  tlie  decease  of  the  con-tituent.  All  tiiat  may  be 
done  by  the  person,  empowered  as  aforesaid,  after  the  expiration  of  that 
term,  shall  be  void  ant!  of  no  eiTeci,  even  if  he  shall  alleye.  liiat  he  had  no 
knowledire  whateverof  his  haviuij  been  so  empowered.  Hut  all  the  other 
stipulations  by  the  testator,  in  the  said  power  contained,  shall  be  carried 
into  execution,  and  the  remainder  of  his  property  shall  be  delivered  to  his 
relations,  who  inherit  (th  inlest'tfo,  and  who.  wilh  the  except i(in  of  tlii;  legiti- 
mate ciiildren  of  the  descendants  or  progenitors  of  the  testator,  shall  ;;ive 
the  fifth  part  of  the  net  pnjoeeds  of  the  said  property,  lor  the  case  and  re- 
pose of  the  .soul  of  the  said  testator. 

14.  Tliat  the  jiersou  empowered  as  aforesaid  may  not  in  any  manner  re. 
voke  the  will  he  shall  have  made  by  virtue  of  the  authority  aforesaid,  nor 
add  a  codicil,  nor  any  declaration  thereto,  even  if  the  same  should  be  Ibr 
pious  uses,  and  notwithstanding  he  may  have  reserved  thi!  power  of  re- 
voking, augmentiug,  dimi-iishing,  or  changing  the  disposal  he  shall  have 
made. 

15.  To  the  said  testaments,  codieil.s.  or  powers  iriven  to  that  effect, 
women,  monks,  people  under  the  age  of  fourteen,  drunkards,  or  other  dis- 
qualified persons,  shall  not  be  admitted  as  witnesses. 

16.  A  testator  may  bequeath  a  third  or  a  filth  to  anyone  of  his  children  or 
other  leuitimate  dL'scendants,  by  specifying  the  part  (jf  his  real  or  person, 
al  property  which  he  designs  for  that  purpose. 

17.  When  a  testator  shall  make  a  bequest  to  any  of  his  children  or 
legitimate  ilescendaiils,  he  may  inqiose  such  condition,  remainder,  or 
entailment,  upon  the  property  becpieathed  as  he  may  think  proper,  in  oriier 
that  his  ulher  legitimate  descendants,  or,  in  default  thereot,  his  iileiiitimate 
descendants,  or  if  there  be  iioneofeitliiM' of  those  ilescriptioiis,  his  relalions 
may  enjoy  the  benefits  resulting  therefrom:  to  the  eiiil  thalllesiid  be- 
quest may  never  pass  to  a  stranger,  unless  all  the  relations  in  the  oider 
aforesaid  shall  be  deceased. 

18.  The  father  may  also,  while  livinir,  ad\ance  any  of  his  children  or 
legitimate  descendmits,  in  the  same  manner  as  at  his  death,  or  by  will  ; 
but  it  is  to  be  understood  that  he  shall  make  the  same  advancenieiil  but 
once,  and  that  the  same  being  made  during  his  life  cannot  be  revokeil,  if 
settled  by  agreement  and  fixed  by  a  public  instrument,  which  should  pre- 


;':l 


if 


xsaat 


284 


APPENDIX. 


if  f .  i 


cede  (he  delivery  of  the  object  in  which  consists  the  advancement,  or  if 
havinj^been  made  witti  a  view  to  rnaiiia^^e,  or  lor  any  other  similar  cause; 
unless  he  shall  have  reserved,  by  the  said  instrument.,  a  power  to  that 
effect.;  in  which  case  he  may  revoke  the  said  advancement.  • 

19.  If  the  father  or  mother  shall  have  entered  into  an  agreement  not  to 
advance  any  one  of  their  children,  the  said  agreement  shall  thereafter  be 
binding;  and  if  they  should  altemfit  the  saiv.  advancement  by  any  public 
instrument,  the  same  shall  be  void  and  of  no  elfect.  If,  on  the  contrary, 
they  shall  promise  the  ailvancement  in  consideration  of  marriaj:e.  or  for 
other  similar  cause,  the  right  to  a  third  or  a  lift h  shall  be  gooil  at  the 
decease  of  the  parent,  although  no  mention  thereof  shall  have  been  made 
in  the  will. 

20.  The  said  advancement  being  made  during  life,  or  at  the  point  of 
death,  shall  be  calculated  upon  the  real  value  of  the  property  at  the  time 
of  the  decea.se,  and  not  at  the  time  of  making  the  same. 

21.  All  deeds  of  gift,  or  legacies,  by  tlie  father  or  mother  to  their  chil- 
dren or  descendants,  tluring  life,  or  beijueathed  by  will,  sliall  be  reputed 
on  account  of  the  third  or  (he  liltli,  although  the  same  may  not  have  been 
so  expresseil.  In  coiise(pience  thereof,  they  cannot  bequeath  a  third  or  a 
filth  (o  any  of  tlie  other  childien  or  descendants,  which  shall  exceed  the 
value  of  the  saitl  legacies  or  gilts  to  the  former. 

22.  When  any  one  shall  die  intestate,  and  without  having  empowered 
another  to  make  a  will  for  him.  in  the  maimer  hereinbefore  explained,  if 
tliere  be  no  legitimate  children;  or  ascemlants,  who  can  inherit,  the  rela- 
tions by  blood  and  kindred  of  the  fourth  degree  shall  inherit  the  whole  of 
the  property ;  observing  that  (he  nearest  reIa(ions  shall  inherit  of  right,  and 
to  the  exclusion  of  those  who  may  be  further  removed,  uidess  the  nearest 
relations  shall  be  brothers  of  the  deceaswl;  in  which  ease,  the  children  of 
the  other  brothers,  who  sludl  have  died  previous  to  the  tiecease  of  the  per- 
son intestate,  shall  take  a  portion  of  the  whole ;  that  is  to  say,  tliat  if  one 
brother,  and  three  or  four  children  of  another  brother,  be  living,  the  said 
children  shall  be  entitled  to  an  equal  proportion,  or  one-half  of  the  property; 
and  the  brother,  uncle  of  the  said  children,  shall  inherit  the  other  half,  by 
reason  that  the  nepliews  succeed  by  representation  of  their  father,  and  not 
in  their  own  right.  This  rule  shall  be  followed  in  the  division  of  estates 
when  there  may  be  a  greater  or  less  number  of  heirs  :  the  foregoing  being 
intended  for  an  example. 

23.  If  the  deceased  shall  have  neither  ascendants  nor  descendants 
capable  of  inheriting,  in  the  ortler  explained,  in  the  preceding  aitiele;  the 
king  shall  be  his  heir,  and  the  property  shall  be  vested  in  the  treasury  or 
royal  chamber. 

24.  Those  who  have  not  legitimate  descendants  may  will  in  favor  of 
their  illegitimate  cliiklren,  although  they  may  have  ascendaiit.s.  It  must 
be  understood  tliat  by  illegitiniate  children  are  meant  those  born  of  a  tree 


mont,  or  if 
ilar  cause; 
er  to  that 

I 

lent  not  to 
;reafter  be 
any  public 
i  contrary, 
laiip.  or  for 
'SWi[  at  tlie 
)een  made 

le  point  of 
,t  the  time 

their  chil- 
>u  ri'piited 
have  been 
.  tliinl  or  a 
;\ceed  tlie 

m  powered 
plained,  if 

the  rela- 
e  wiiole  of 

right,  and 
lie  nearest 

iildren  of 
jf  the  per- 

at  if  one 
the  yaid 

)roperty; 

:•  haif,  by 

r,  and  not 

f  estates 
ing  being 

icendants 

icie :  the 

easury  or 

favor  of 

It  must 

of  a  free 


APPENDIX. 


285 


girl,  to  whose  marriage  with  the  father  of  the  said  children  no  legal  im 
pediment  existed.  Those  children  shall  succeed  in  their  own  right,  to 
their  mother,  and  shall  inherit  the  whole  of  their  property,  whether  she 
may  have  died  intestate,  or  otherwise,  and  shall  have  a  preleience  over 
the  ascendants,  in  case  she  shall  have  no  legitimate  children,  who  would 
otherwise  inherit,  to  the  exclusion  of  ihe  illegitimate  childien. 

25.  lllegiliniafe  children  of  every  description  shall  incuiitestably  suc- 
ceed to  thi'ir  mother,  if  she  have  no  legitimate  children  or  descendants, 
even  to  the  cxcl.  aoii  of  her  father  or  other  ascendants. 

26.  The  father  and  mother  having  legitimate  children  or  descendants, 
cannot  give,  by  way  of  maintenance,  to  their  illegitimate  children,  more 
than  the  fifth  part  of  their  property;  of  wliich  proportion  they  may  also 
dispose  for  the  benefit  of  their  souls,  or  by  a  legacy  to  a  stranger ;  except- 
ing from  the  foregoing,  the  children  of  ecclesiastics,  or  monks,  who  can- 
not in  any  manner  inherit  from  their  parents  or  kindred,  nor  pretend  to 
anything  possessed  by  them  during  their  lives. 

27.  A  son  or  daughter,  wliile  untler  the  authority  of  the  father,  being  oC 
competent  age,  that  is  to  say,  the  son  being  fourteen,  and  the  daugliter 
being  twelve,  may  will  in  the  same  manner  as  if  they  were  emancipated 
from  their  parent,  and  ..lay  dispose  of  the  third  part  of  their  property  by 
succession,  donation,  or  in  another  manner,  unless  derivetl  from  the  father, 
who  shall  inherit  the  remaining  two-thirds  in  the  same  manner  as  tlio 
mother  or  other  ascendant. 


Tahli  of  Fees,  demandahU  by  Judges,  Lawyers,  Escribanos,  Attorneys,  and 

the  other  Officers  of  Justice. 

Judges. — For  a  signature  containing  the  baptismal  and  family  name  of 
the  judge,  four  reals  in  silver  dollars  of  America,  as  also  for  the  other  fees 
hereafter  detailed.  They  shall  put  the  aforesaid  signature  to  judgments, 
decrees,  warrants,  titles,  and  despatches  which  they  may  ilelivor  for 
another  tribunal.  They  shall  e.xact  but  two  reals  in  the  same  money  for 
a  signature  containing  their  family  name  only,  and  the  same  for  their 
cipher. 

For  a  sitting  of  two  hours  and  a  half,  in  cases  of  inventories,  seizures, 
assessments,  public  sales,  adjudications  of  real  or  personal  properly,  proccs- 
verbaux,  declarations,  e.vaminations,  and  other  acts  of  justice  of  whatsoever 
nature,  two  ducats,  equal  to  twenty-two  reals  in  milled  ilollars.  For  atHx- 
ing  the  seals,  in  case  of  death,  one  ducat.  If  a  longer  time  be  necessary 
for  the  security  of  the  property,  the  fee  may  be  augmented  in  proportion 
to  the  time  that  shall  be  employed.  For  the  opening  of  a  will,  and  the 
examination  of  the  seven  witnesses,  which  shoulil  precede  the  opening  of 
the  will,  forty-eight  reals,  viz :  forty-four  for  two  sittings,  and  the  other 


286 


APPENDIX. 


four  for  the  signatures  t«  Ihe  two  instmments.  They  sliall  receive  four 
ciuciits  perdiem  wliile  emplo)'e(l  in  tlio  country,  to  continue  until  their 
return  to  their  own  houses  ;  tliey  shall  he  decently  entertaincil,  and  shall 
be  provided  with  a  horse  and  other  thing's  necessary. 

AssKssoRs  shall  have  also  two  duoats  for  each  sitting  in  the  city,  and 
four  for  the  country,  either  with  or  without  commission.  They  shall 
charge  one  real  per  leaf  for  revising  documents,  they  paying  due  attention 
to  the  bulkof  th(!  same,  to  the  circumstances  of  the  case,  and  to  what  may 
bo  only  a  contniualion  of  the  usual  business. 

TllK    Al.CAI.DK    MaYOH    PkOVINCIAL,   A.\0  THK    OFKICEUi'    OF   THK    SaINT 

Heumanuad  shall  receive  the  same  fees  as  the  other  royal  judges,  for  their 
signatures  and  their  sittings. 

liKtJinoiis. — In  causes  of  little  importance,  which  may  be  brought  be- 
fore the  cabililo  by  appeal,  two  regidors  shall  be  appointed  as  commission- 
ers, conjointly  with  the  judge,  who  shall  have  pronounced  the  previous 
sentence.  In  all  such  cases  they  shall  receive  the  same  fees  as  the  judge 
for  their  signatures  and  sittings. 

TiiF.  Ai.c.L'AZiL  Mayor. — In  common  executions  against  debtors,  they 
shall  require  payment,  and  if  the  same  be  not  complied  with  within 
seventy-l  wo  hours  from  the  moment  of  the  summons,  the  said  debtors  shall 
pay,  besides  the  fees  to  the  judge  and  theother  officers  of  justice,  the  tenth 
to  the  algua/il  mayor,  which  is  five  milled  dollars  for  the  first  hundred 
dollars,  and  two  and  a  half  dollars  lor  every  other  hundred  dollars;  so  that 
if  the  e.vecution  be  issued  for  throe  hundred  dollars,  he  shall  take  ten  dol- 
lars for  the  tenth.  He  shall  not,  however,  exact  the  same  until  the  creditor 
be  satisfied  in  the  sum  for  which  the  execution  be  given. 

TiiK  Dia'osiTARV  (iKNKKAL  shall  take  three  per  cent,  on  all  sums  in 
specie,  wiiicli  may  come  into  his  posse.-:sion  by  way  of  deposit,  and  the 
same  for  plate,  jewels,  or  other  personal  property  which  may  be  deposited 
with  him. 

For  real  estate,  as  houses,  plantations,  and  other  property  yielding  reve- 
nue, he  shall  take  five  per  cent,  upon  the  .said  revenue,  which  shall  be 
his  compensation  for  the  management  of  said  property,  for  receiving  the 
proceeds  thereof,  and  for  rendering  an  accountof  the  same  to  the  tribunal 
by  whom  he  is  appointed,  whenever  he  shall  be  required  thereto.  He 
shall  also  take  five  per  cent,  upon  the  proceeds  of  the  labor  of  all  slaves 
in  his  care,  who  may  not  be  employetl  upon  the  estate. 

Whenever  bonds  or  notes  shall  be  depo-ited  with  him,  he  shall  take  five 
per  cent,  upon  the  sums  which  he  may  recover  on  account  of  the  same. 

Lawyers. — The  fees  of  lawyers  shall  be  settled  by  another  lawyer 
whom  the  judge  shall  appoint:  and  for  every  sitting  their  compensation 
shall  be  the  same  as  that  of  the  judges  and  assessors.  But  when  they 
may  be  emi)loyed  in  examining  documents  in  order  to  a,s&ist  at  a  court, 
they  shall  be  paid  separately. 


^M 


m. 


APPENDIX. 


287 


n<T  reve- 

;hall  be 

inc:  the 

ibuiial 

!lo.     He 

slaves 

ake  five 
ame. 
lawyer 
n  sat  ion 

311  they 
court, 


EscRtBANos  shall  have  fifteen  reals  for  a  slttini  in  the  city,  and  thirty 
per  diem  when  employed  in  the  count rj',  to  be  continued  until  their  return 
to  their  own  houses,  and  two  reals  for  each  leaf  of  writins,  and  they  shall 
be  furnished  with  a  conveyance,  and  decently  cntertaineil. 

For  the  openinnf  of  a  will,  the  examination  of  the  seven  witnesses  which 
should  precede  the  same,  and  leu;acies  to  the  church,  fii'ty-two  reals. 

For  a  copy  of  a  decree  or  a  provision,  one  real.  For  an  act,  two  reals. 
For  a  notification,  lilation,  or  part icipalion,  two  reals.  For  a  declaiation 
in  his  own  house,  six  reals;  or,  if  elsewhere,  eight  reals  ;  and  two  reals  for 
each  leaf  of  writing  either  in  his  own  house  or  elsewhere.  For  a  despatch, 
two  reals  per  leaf,  and  eight  for  the  commencement  ami  conclusion  of  the 
same.  For  each  leaf  of  an  exemplification  of  an  act,  one  real  and  three 
quartillas,  and  one  real  for  his  signature.  For  duplicates,  or  copies  of 
documents  drawn  from  his  record,  two  reals  per  leaf. 

For  a  bill  of  sale  of  slaves,  twelve  reals.  For  a  sale  of  personal  property, 
which  usually  contains  two  leaves,  two  dollars;  anti  if  the  same  shall  con- 
tain more  on  account  of  the  conditions  which  the  parties  may  wish  to  be 
inserted,  he  may  augment  in  proportion.  For  a  simple  bond,  eight  reals ; 
for  a  bond  with  mortgage,  twelve  reals ;  and  if  there  be  several  mortgages 
comprised  in  the  said  bond,  he  shall  be  paid  according  to  the  labor  and 
trouble  he  may  have  had  in  drawing  up  the  same.  For  a  receipt,  eight 
reals.  For  an  agreement,  according  to  the  number  of  leaves  the  same 
may  contain  ;  and  if  an  examination  of  documents  be  necessary,  the  same 
should  be  taken  into  consideration,  and  the  charge  should  be  at  least 
doubled. 

For  a  will  containing  three  or  four  sheets,  four  dollars,  and  augmented  in 
proportion  to  the  number  of  sheets. 

The  IIkcordkr  of  Mortgacjks. — For  a  certificate  relative  to  a  house, 
plantation,  or  other  real  property,  eight  reals.  For  a  certificate  of  a  slave, 
from  one  to  the  number  of  eighteen,  four  reals;  and  from  that  number  to 
one  hundred,  twelve  reals  for  each  ceitificafe.  For  aceitificate  of  a  mort- 
gage on  a  vessel,  four  reals.  For  recording  in  the  book  of  mortgages, 
tho.se  given  for  the  security  of  payments,  either  for  personal  property, 
slaves,  or  vessels,  four  reals;  and  if  Uie  same  be  of  an  unusual  length, 
eight  reals;  but  when  only  a  short  note  to  designate  llie  page  in  which 
the  mortgage  is  recordeii  be  reijuireil.  no  charge  shall  be  jnaile. 

Attornkvs. — For  an  introductory  deinantl,  five  reals.  For  assisting  in 
the  city,  at  an  inventory,  sale,  ailjudication,  or  seizure,  twelve  reals;  for 
the  same  in  the  country,  if  employed  a  whole  day.  three  dollars.  If,  how- 
ever, the  case  requires  much  writing,  they  shall  be  paid  according  to  the 
time  that  the  lawyer  may  have  been  employed  in  drawing  up  the  said  case. 

The  Judiciauv  Co.ntador. — For  every  five  hours  employed  in  prepar- 
ing an  acct.uut  for  settlement,  four  ducats,  making  forty-four  reals,  observ- 
ing that  five  liours  shall  be  accounted  a  day;  and  out  of  the  aforesaid  sum 


i  • 


288 


APPENDIX. 


w 

i\  ': 

ho  shall  pay  four  reals  to  the  escribanofor  each  sheet  of  tvveiity-five  lines 
to  a  page. 

TiiK  As.sKssoR  OF  CosTs  sluill  bc  paid  one  quarlilla  for  each  sheet  of 
the  (lucuineiits  contained  in  the  cause,  the  costs  of  which  he  shall  assess. 
Four  quart  iilas  make  a  real. 

Al'l'llAlsKKS  OK    I'kHSONAI,    PllOI'EllTV,  SlAVES,  AND    OTHKR    EkFECTS. — 

To  the  exciiani^e  broker,  for  the  valuation  of  furniture,  houses,  slaves, 
merchandise.  i*cc.,  eleven  reals,  nolwilhstaniling  the  appraisement  may  re- 
quire two  hours  and  a  half. 

Ai.AKIKS,   E.Xl'KKTS  OK  CaUPKSTHY,   AND  AsSAYEUS  OF  SlLVEU. Alarifs, 

experts  of  carpentry,  masonry  and  joinery,  shall  have  a  ducat  for  every 
thousand  dollars  of  the  amount  of  the  appraisement ;  ami  if  the  same  shall 
exceed  four,  si.v,  or  eight  thousand,  they  shall  not  demand  more  than  four 
ducats;  but  if  they  be  employed  in  the  country,  and  the  appraisement 
shall  not  amount  to  one  thousand  dollars,  they  shall  have  two  ducats  per 
diem  during  the  time  they  may  be  employed,  on  account  of  the  distance. 
If,  however,  one  day  only  shall  be  necessary,  allliough  the  appraisement 
shall  amount  to  three  or  four  thousand  dollars,  they  shall  be  paid  as  if  the 
same  hail  been  made  in  the  city:  but  they  shall  be  furnished  with  a 
liorse,  anil  shall  be  decently  entertained.  The  assayer  of  silver  shall  have 
eleven  reals  for  each  appraisement,  alt  housh  the  articles  may  be  valuable, 
by  reason  that  little  time  is  required  for  that  purpose. 

TiiK  ArriiAisER.s  of  Land  shall  have  two  ducats  per  diem,  and  the  same 
when  they  shall  value  buildings  of  little  consequence  in  the  country,  wood- 
land, and  fields  in  grain. 

•Slrvevous  shall  have  three  ducats  per  diem. 

The  Alouazii.s  shall  have  four  reals  for  a  summons  to  appear,  and  for 
a  demand  of  payment.  They  shall  also  receive  the  same  sum  for  obtain- 
ing documents  of  every  description.  They  shall  have  eight  reals  for  arrest- 
ing and  conducting  to  prison.  The  sergeant,  in  this  case,  shall  have  the 
same. 

Jail  Fet-s. — The  aLnuizil  maj-or  shall  have  twelve  reals  for  every  free 
person  imprisoned,  and  eight  reals  for  a  slave. 

At  New-Orleans,  the  25tk  November,  17(59. 

Don  Alexander  O'Reilly. 


•  ii 


ri 


APPENDIX. 


289 


and  for 

(jl)(iiin- 

urrest- 

lave  tlie 


•'.ILLY. 


Don  Alexnndpv  O^ReiUi/.  Commnndrr  of  Brnfayan,  of  the  order  of  Alcanla- 
rd,  Inspector-General  of  Infantry,  appointed  by  special  cotninission,  Gover- 
nor and  Captain-General  ofthisjirovince  of  Louisiana. 

DiVKKs  complaints  ami  potitions  whicli  have  been  aililressod  (o  us  by 
inhabitants  of  Opelaiisas,  AKakapas,  Natcliitocht's  anil  otliff  plact-s  ot  this 
piovincL',  joined  to  the  knowledgo  we  liave  acquired  ot"  the  local  concerns, 
culture;  and  means  of  the  inhabitants,  by  the  visit  which  wc;  have  lately 
made  to  the  German  Coast,  Acadian  Coast.  Ibeiville,  and  Poinle  Coupee, 
with  the  examination  wo  have  made  of  the  reports  of  the  inhaliitants  as- 
sembled, by  our  order,  in  each  ilistrict.  having  convinced  us  (hat-  the  tran- 
quillity of  llie  said  inhabitants,  and  the  progress  of  cultivation  required  ii 
new  regulation,  which  should  fix  tiio  extent  of  the  grants  of  lands,  which 
shall  hereafter  bo  made,  as  well  as  the  enclosures,  cleared  lands,  load  and 
bridge^,  which  the  inhabitants  are  bonml  to  keep  in  repair,  and  to  point 
out  the  damage  by  cattle,  for  which  the  proprietors  shall  bo  responsible. 
For  these  causes,  and  luivini:  nothiiig  in  view  but  the  public  good,  and 
the  happiness  of  every  inhabitant,  after  having  adviseil  with  persons  well 
informed  in  tliese  matters,  we  have  regulated  all  those  objects  in  tlie  fob 
lowing  articles  : 

1.  There  shall  be  granted  to  each  newly  arrived  family  who  may  wish 
to  establish  itself  <in  tlie  borders  of  the  river,  six  or  eight  arpeuts  in  front, 
(according  to  the  means  of  the  cultivator,)  by  forty  arpents  in  deplli;  in 
order  that  it  may  have  the  benelit  of  the  cypress  wood,  which  is  as  neces- 
sary as  it  is  useful  to  tlio  inhabitants. 

2.  The  grantees  established  on  the  borders  of  the  river  shall  be  held 
bound  to  make,  within  the  three  first  years  of  possession,  levees  sufKuuent 
for  the  preservation  of  the  land,  and  the  ditches  necessary  to  carry  oil"  the 
water.  They  shall,  besides,  keep  the  roads  in  good  repair,  of  the  width  of 
at  least  forty  feet  between  the  inner  ditch  which  runs  along  the  levee  and 
the  barrier,  with  bridges  of  twelve  feet  over  the  ditches  which  may  cross 
the  roads.  The  said  grantees  shall  be  held  bound,  within  the  said  term  of 
three  years"  possession,  to  clear  the  whole  front  of  their  land  to  the  depth 
of  two  arpents:  and,  in  default  of  fullllling  those  coiulitions,  their  lands 
shall  revert  to  the  khig's  domain,  to  be  granted  again  :  and  the  judge  of 
each  place  shall  be  responsible  to  the  ii-o\i'rnor  for  the  supeiiulendence  of 
this  regulatioi'. 

3.  The  said  grants  can  neither  be  sold  nor  alienated  by  the  j^ropriefois, 
until  after  three  years  possession,  and  until  the  above  mentioned  conditions 
shall  have  been  entirely  fulfilled.  To  guard  against  every  evasion  iiijlhis 
respect,  the  sales  of  the  saiil  lands  cannot  be  made  without  a  written  per- 
mission from  the  governor-general,  who  will  not  grant  it  mitii,  on  strict 
inquiry,  it  sliall  be  found  that  the  conditions  above  explained  have  been 
duly  executed, 

10 


290 


Al'l'KNDIX. 


n. 


I 


t 


4.  Tlio  ppiiils  formtvl  by  tlie  liiiids  on  flic  ^Mississippi  RiviT,  iL'iiviiii»  in 
somo  places  Imt  liHIc  dcplli,  tlicic  may  ha  ;;riiiitcd,  in  Uicsu  cases,  Iwolvo 
iirpciits  ol  I'loiit :  and,  on  a  snppdsiiiim  that  llicsu  points  slionld  not  be  ap- 
plied for  by  any  inhabitant,  they  shall  b(>  distiibntcd  to  the  settlers  nearest 
thereto,  in  order  tiiat  the  eonininnication  of  tlie  roads  may  not  bo  intcr- 
rnptcd. 

").  If  a  tract  bcloiii.qn|T  \q  minors  slionid  remain  uneleaied,  and  Iho 
leve(?s  and  the  roads  should  not  he  ki'pt  in  repair,  tlio  jndL'e  of  the  (piarter 
shall  in(|Min;  into  tlio  canse  thereof  [f  atlribntable  to  tlie  irnardian,  he 
shall  oblige  liini  to  conform  pronii)llyto  tliis  rei^idation  :  bnt  if  arisin'j; 
from  want  nf  mi'ans  in  tiie  minors,  the  judgi*.  afttn-  liavinir,  by  a  verbal 
process,  obtained  jiroof  thereof,  shall  report  the  same  to  the  '.(uvernor- 
i^eneral.  to  the  end  tiiat  the  said  land  may  be  sold  ibrthe  lienelit  of  the 
minors,  (a  special  favor.  ;Lrranted  to  minors  only:)  bnt  if  no  person  shall, 
within  six  months,  be  found,  the  said  laiul  shall  bo  conceded  gratis. 

(f.  Every  inhabitant  sliall  l>e  ]\el  I  bound  fo  enclosi',  V,-ilhiii  three  yi-'ars, 
the  whole  front  olliis  land  wliicli  shall  be  cleared;  and  lorllu!  remainder 
of  his  enclosnri!  h"  will  auri>e  with  his  nci^'libors,  in  propoitioii  to  his 
cleared  lands  and  his  means. 

7.  Cattle  shall  be  |)ei,Tiitted  tu  yo  ni  laruc,  from  the  eleventh  of  Xovem- 
ber  of  one  year,  to  the;  lifleenth  of  ^NJarch  of  the  year  following:  and  at  all 
other  limes  the  proprietor  shall  be  responsible  for  the  dama^^e  that  his  cattle 
may  have  done  to  his  neighbors,  lie  who  shall  have  snifered  the  damage 
may  complain  to  the  jndge  of  tlie  district,  who.  after  liaving  satisfied  him- 
self of  the  truth  thereof,  shall  name  experienced  men  to  estimate  the  value 
of  the  same,  and  shall  then  order  rennnieration  without  delay. 

8.  No  yrant  in  Opelousas,  Attakapas,  and  Natchitoches  shall  exceetl 
one  league  in  front  by  one  league  in  depth:  but  when  the  land  granted 
shall  not  have  that  depth,  a  league  and  a  half  in  front  by  half  a  league  iu 
depth  may  be  granted. 

9.  To  obtain  iu  the  Opelousas,  Attakapas  and  Natchitociies,  airiautof 
forty-two  arpeuts  in  front  by  forty-two  arpents  in  depth,  the  applicant  must 
make  it  appear  that  he  is  possessor  of  one  huiulred  heail  of  tame  cattle, 
some  horses  and  sheep,  and  two  slaves  to  look  after  them  :  a  proportion  of 
which  shall  always  be  observed  for  the  grants  to  be  made  in  tlie  said 
places,  but  none  shall  ever  be  matle  of  greater  exlent  than  that  declared 
in  the  preceding  article. 

10.  All  cattle  siiall  be  branded  by  the  proprietors;  and  those  who  shall 
not  have  branded  them  at  the  age  of  eighteen  months  cannot  thereafter 
claim  any  property  therein. 

11.  Nothing  being  more  injurious  to  the  inhabitants  than  strayed  cattle, 
without  the  destruction  of  wliich  tame  cattle  cannot  increase,  and  the  in- 
habitants will  continue  to  labor  under  those  evils  of  which  they  have  so 
often  complained  to  us:  and  considering  that  the  province  is  at  present 


AI'l'KNDIX. 


291 


inrostud  Willi  sirayod  cattle,  wt;  allow  tdlliu  piopriotors  until  (li<!  l-t  dayol 
July,  of  (111!  next  year,  one  (liousaiul  soviMi  luuulieil  ami  sevt'ii(y-oiu»,  amJ 
no  loiiut'i'.  to  collect  ainl  kill,  lor  theii' iu<e,  tjie  said  strayed  i  attic ;  alter 
whicii  liuii;  they  shall  l>e  considered  wild,  and  may  he  killed  by  any  per- 
son wliouisoever,  and  no  one'shall  oppose  iiiinselftlioveto.  or  lay  claim  t(i 
any  property  tjierein. 

11.  All  :,rrants  shidl  hi^  made  iu  (ho  luiine  ol  the  kniir.  Ijv  ttio  M(,vernor- 
>,fcncral  ot  tlie  provim'e.  who  will,  at  llu;  same  time  appoint  a  snrveyor  to 
lix  the  honnds  thereol.  hoth  in  front  and  dejiUi,  in  prestnu'oot  tjie  ordinary 
judn'o  Oi'thi'  disiiicl.  an. I  oi  two  adjoining.'  stittlers.  "•ho  shall  be  present 
at  the  survey,  'i'ln,' ahovc  nunitioiu'd  tour  perMius  shall  si^jn  tlu»  proees- 
verbal  wiiicdi  shall  he  made  thereol,  nnd  tlii>  surveyor  shall  make  tlirce 
copies  ol  the  same:  one  ol  whudi  sjiall  be  deposited  in  (lie  ollice  of  the 
oscribauooi  iho  governnuMd  an;!  cabildo.  and  anotiuM  shall  be  delivered 
to  tin;  vovernor-Lieiieral.  and  the  thinl  to  the  j)roprit'tor.  to  be  annexed  to 
ihe  titles  o!  his  irrant. 

hi  pursuance  of  the  powms  whieli  oui  lord,  tlio  kuiL'.  (wiioni  (iod  pre- 
s:!rvc)  has  been  pleased  to  eonlide  tii  us.  |iy  his  ]ia1ent  issued  at  Araujue/. 
tile  Ifitli  of  April.  l8(J!i.  to  (jstablish  in  ihe  military,  the  police,  and  in  the 
ailministration  of  justice,  and  !ii.<  linances.  such  rcLiidation  as  slionkl  be 
ooiiilucive  to  lii':  service  and  tlie  happiness  ol  his  subjects  in  this  colony, 
with  tlie  reserve  of  his  majesty's  ^'ood  pleasure,  we  order  and  coinrnaml 
the  governor,  judires,  cabildo,  and  all  thi»  inhabitants  of  this  province,  to 
conform  punctually  lo  all  that  is  resulted  by  (!iis  rcL'ulatioM. 

Given  at  NKW-()iu.i:.\Ns,  (he  \f<tli,  FchrKnr'j.  1770. 

Po\  Ai,i:x.\N])r;r>  O'Rku.i.v. 


